Walpole Family Centre Inc T/A Walpole Child Care Centre

[2013] FWCA 8158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walpole Family Centre Inc T/A Walpole Child Care Centre
(AG2013/10751)

WALPOLE CHILD CARE CENTRE ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER WILLIAMS	PERTH, 18 OCTOBER 2013

Application for approval of the Walpole Child Care Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Walpole Child Care Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Walpole Family Centre Inc T/A Walpole Child Care Centre. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Walpole Family Centre Inc, trading as Walpole Child Care Centre, sought approval of the Walpole Child Care Centre Enterprise Agreement 2013. The applicant's employees, who are represented by the respondent, Community and Public Sector Union, were seeking the approval of the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for modern awards and whether it was made in good faith and without coercion, as required by the Act.

The court had to determine if the agreement contained all the terms required by the Act, if it was made in good faith and without coercion, and if the agreement provided for a proper process for its review and variation. The court also had to consider if the agreement was fair and reasonable, taking into account the needs of the employees and the operations of the applicant.

The court found that the agreement contained all the required terms and was made in good faith and without coercion. The court also found that the agreement provided for a proper process for its review and variation and was fair and reasonable. The court was satisfied that the agreement met the criteria for approval and was consistent with the principles of the Fair Work Act 2009.

The court approved the Walpole Child Care Centre Enterprise Agreement 2013, subject to certain minor modifications to ensure compliance with the Act. The court also ordered that the agreement be registered with the Fair Work Commission. The modifications and registration requirements were to be completed within a specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established