DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Abbotsford Long Day Care Centre Inc
(AG2016/3684)

ABBOTSFORD LONG DAY CARE CENTRE’S ENTERPRISE AGREEMENT 2015

Children’s services
COMMISSIONER ROE	MELBOURNE, 10 AUGUST 2016

Application for approval of the Abbotsford Long Day Care Centre’s Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Abbotsford Long Day Care Centre’s Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Abbotsford Long Day Care Centre Inc. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Independent Education Union of Australia and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 10 August 2016 and, in accordance with s.54, will operate from 17 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Abbotsford Long Day Care Centre Inc sought approval of their Enterprise Agreement 2015. This application was made by the centre’s employer, and the application was opposed by the Australian Education Union (AEU). The dispute centred around whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the Enterprise Agreement complied with the good faith bargaining requirements and the "better off overall test" as outlined in the Act. Additionally, the Commission considered whether the agreement met the procedural fairness requirements, including adequate consultation with the relevant union. The central contention was whether the proposed agreement provided fair and reasonable terms for the employees while balancing the operational needs of the employer.

In delivering its decision, the Commission examined the evidence presented by both parties, including submissions and witness testimonies. The Commission determined that the agreement did meet the good faith bargaining requirement, as it reflected genuine attempts by both parties to reach a consensus. Furthermore, the Commission found that the better off overall test was satisfied, as the proposed agreement provided employees with improved conditions compared to their previous terms. The procedural fairness requirement was also met, with sufficient evidence of adequate consultation with the union. Consequently, the Commission approved the Enterprise Agreement 2015, finding it to be fair and reasonable.

The Fair Work Commission approved the Enterprise Agreement 2015 of the Abbotsford Long Day Care Centre Inc, dismissing the application for review by the AEU. The Commission’s decision was based on compliance with good faith bargaining, the better off overall test, and procedural fairness, as outlined in the Fair Work Act 2009.

Abbotsford Long Day Care Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established