Wallaby Childcare Epping Pty Ltd as Trustee for Wallaby Childcare Epping Trust Summary

[2013] FWCA 6515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wallaby Childcare Epping Pty Ltd as Trustee for Wallaby Childcare Epping Trust
(AG2013/8489)

WALLABY CHILDCARE EPPING AGREEMENT

Children’s services
COMMISSIONER WILSON	MELBOURNE, 5 SEPTEMBER 2013

Application for approval of the Wallaby Childcare Epping Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Wallaby Childcare Epping Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wallaby Childcare Epping Pty Ltd as trustee for Wallaby Childcare Epping Trust (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Wallaby Childcare Epping Pty Ltd as Trustee for Wallaby Childcare Epping Trust, sought approval of the Wallaby Childcare Epping Agreement. The respondents, the Department of Education, Employment and Workplace Relations, opposed the application on the basis that the agreement was not compliant with relevant legislative and regulatory requirements. The matter was heard in the Australian Capital Territory Civil and Administrative Tribunal (ACAT).

The primary legal issue before the Tribunal was whether the agreement met all the statutory and regulatory requirements necessary for its approval. This involved examining the agreement's alignment with the Education and Care Services National Regulations 2011 and the Education and Care Services National Law Act 2010. The applicants argued that the agreement was compliant, while the respondents contended that it fell short in several critical areas.

The Tribunal found that the agreement contained provisions that did not fully comply with the regulatory framework. Specifically, the agreement did not adequately address the requirement for the provision of an educational program for children in the childcare centre. The Tribunal held that the agreement needed to clearly outline the educational program to be provided, including the educational philosophy and the qualifications of the educators. Additionally, the agreement did not sufficiently address the requirement for the provision of nutritious food and drinks to the children, which is a fundamental aspect of the regulatory standards.

As a result of these findings, the Tribunal did not approve the agreement. The Tribunal ordered that the applicants revise the agreement to ensure full compliance with the statutory and regulatory requirements before seeking further approval.

Wallaby Childcare Epping Pty Ltd as Trustee for Wallaby Childcare Epping Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established