Young Childcare Centre Inc

[2013] FWCA 8467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Young Childcare Centre Inc
(AG2013/2863)

GUMNUT GROVE ENTERPRISE AGREEMENT

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 28 OCTOBER 2013

Application for approval of the Gumnut Grove Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Gumnut Grove Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Young Childcare Centre Inc. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which concerns a number of clauses in the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2013. The nominal expiry date of the Agreement is 28 October 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Young Childcare Centre Inc, sought approval of the Gumnut Grove Enterprise Agreement from the Fair Work Commission. The agreement, aimed at regulating the terms and conditions of employment for employees within the childcare sector, was contested by the respondents who raised various objections. The matter was determined by the Fair Work Commission, which was required to assess the fairness and compliance of the agreement with relevant industrial laws and standards.

The primary legal issues before the Commission were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether it provided for the proper classification and remuneration of employees, and whether it complied with procedural fairness requirements. The Commission also had to consider whether the agreement contained provisions that were inconsistent with the principles of the National Employment Standards or other relevant industrial instruments.

In its decision, the Fair Work Commission examined the specifics of the agreement, including its provisions on pay rates, conditions, and classification of employees. The Commission found that while the agreement generally met the statutory criteria for approval, certain provisions needed to be amended to ensure compliance with the National Employment Standards and to address the respondents' concerns about procedural fairness. The Commission provided detailed reasons for its findings and outlined the necessary amendments to the agreement to achieve compliance. Ultimately, the Commission approved the agreement with the specified amendments, ensuring it met all legal requirements for implementation.

The final orders of the Commission included the approval of the Gumnut Grove Enterprise Agreement, subject to the specified amendments. The agreement was to be implemented in its amended form, with the parties required to adhere to the conditions set by the Commission. The Commission also directed the parties to notify all affected employees of the approved agreement and its effective date, ensuring transparency and compliance in the employment practices of the childcare centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established