DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A.B. Paterson Childcare Centre Pty Ltd T/A A.B. Paterson College Early Childhood Centre
(AG2017/5386)

A.B. PATERSON COLLEGE EARLY CHILDHOOD CENTRE EMPLOYEE COLLECTIVE AGREEMENT 2016

Children’s services
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 MARCH 2018

Application for approval of the A.B. Paterson College Early Childhood Centre Employee Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the A.B. Paterson College Early Childhood Centre Employee Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A.B. Paterson Childcare Centre Pty Ltd T/A A.B. Paterson College Early Childhood Centre. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves the A.B. Paterson Childcare Centre Pty Ltd, trading as the A.B. Paterson College Early Childhood Centre, which sought approval of an employee collective agreement. The matter was heard in the Fair Work Commission. The applicant, the childcare centre, submitted the Employee Collective Agreement 2016 for approval, seeking to ensure it complied with relevant industrial relations legislation. The legal issues centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it was made in good faith, covered employees of a particular employer or class of employers, and did not undermine the operation of the safety net of minimum terms and conditions.

The Fair Work Commission found that the Employee Collective Agreement 2016 was compliant with the relevant legislative requirements. The Commission noted that the agreement was made in good faith, covered employees of the specified employer, and did not undercut the safety net provisions. The Commission also examined the terms of the agreement, which included provisions on wages, hours of work, leave, and other employment conditions. The Commission concluded that the agreement provided appropriate protections for employees and was in line with the objectives of the Fair Work Act.

The Commission approved the Employee Collective Agreement 2016, finding that it met all the necessary criteria for approval. The applicant, the childcare centre, was granted the relief it sought, ensuring that the agreement would be enforceable under the Fair Work Act. This decision provides clarity for the parties involved and sets a precedent for similar agreements in the early childhood education sector.

A.B. Paterson Childcare Centre Pty Ltd T/A A.B. Paterson College Early Childhood Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established