West Pennant Hills Child Care Centre Pty Ltd

[2013] FWCA 6469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Pennant Hills Child Care Centre Pty Ltd
(AG2013/8594)

WEST PENNANT HILLS CHILD CARE CENTRE PTY LTD CHILDREN’S SERVICES & EDUCATIONAL SERVICES (TEACHERS) ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 3 SEPTEMBER 2013

Application for approval of the West Pennant Hills Childcare Centre Pty Ltd Children’s Services & Educational Services (Teachers) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the West Pennant Hills Childcare Centre Pty Ltd Children’s Services & Educational Services (Teachers) Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the West Pennant Hills Child Care Centre Pty Ltd. 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 10 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

West Pennant Hills Child Care Centre Pty Ltd applied to the Fair Work Commission for approval of the Children’s Services & Educational Services (Teachers) Enterprise Agreement 2013. The dispute involved the terms and conditions of employment for teachers at the childcare centre, including wages, hours of work, and other employment-related matters. The Fair Work Commission was tasked with assessing whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained the necessary provisions to ensure it complied with the Act, and if it met the criteria for being deemed as having been made in good faith and without the coercion of any party. The Commission examined whether the agreement adequately addressed minimum wage rates, penalties for breaches, and the processes for resolving disputes. It was also necessary to determine if the agreement provided for the protection of employees' rights and interests, including provisions for redundancy and termination of employment.

The Commission found that the agreement satisfied the statutory requirements for approval. It contained provisions that met the minimum wage standards, provided for the payment of penalty rates, and included dispute resolution mechanisms. The Commission was satisfied that the agreement had been made in good faith and without coercion, as there was evidence of genuine consultation between the employer and the teachers. The agreement also included provisions that protected the employees' rights and interests, including provisions for redundancy and termination of employment. Consequently, the Commission approved the agreement, finding it to be compliant with the Fair Work Act 2009.

The Commission approved the Children’s Services & Educational Services (Teachers) Enterprise Agreement 2013, confirming its compliance with the Fair Work Act 2009. The approved agreement will now govern the employment terms and conditions of the teachers at West Pennant Hills Child Care Centre Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established