Acacia Avenue Preschool Association Inc & Ors (As Represented By Early Learning Association Australia Inc. T/A Early Learning Association Australia) v Australian Education Union (Victorian Branch) and the United..

[2024] FWC 1447

[2024] FWC 1447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.248 -Application for a single interest employer authorisation

Acacia Avenue Preschool Association Inc & Ors (As Represented By Early Learning Association Australia Inc. T/A Early Learning Association Australia)

v
Australian Education Union (Victorian Branch) and the United Workers Union

(B2024/235)

COMMISSIONER HARPER-GREENWELL MELBOURNE, 3 JUNE 2024

Single interest employer authorisation regarding proposed Victorian Early Childhood Teachers and Educators Agreement (VECTEA 2024).

1. This matter concerns an application by Acacia Avenue Preschool Association Inc & Ors under s.248 of the Fair Work Act 2009 (Cth) (the Act) for a single interest employer authorisation to cover the 387 employers (the Applicant Employers). The Authorisation is sought in respect of bargaining for the proposed enterprise agreement being the Victorian Early Childhood Teachers and Educators Agreement (VECTEA 2024).

1. The employees to be covered by the proposed enterprise agreement are:

a.   Early childhood teachers,

b.   Early childhood educators (certificate III qualified and diploma qualified), employed to support the delivery of kindergarten education programs, including those employed as an additional assistant or activity group leader,

c.   Early childhood advisors, early childhood advisors in charge and preschool field officers, and

d.   Nominated supervisors and educational leaders.

1. The Early Learning Association Australia Inc. T/A Early Learning Association Australia (ELAA) is nominated by the Applicant Employers to make applications under the Act in connection with this authorisation. I am satisfied the Application has been validly made.

1. The application is made by the Applicant Employers who seek to bargain together. Accordingly, the additional requirements of s.249(1A) of the Act apply, and the terms of s.249(1B) of the Act and consequential provisions do not. Therefore, the constraints operating under s.249(1D) of the Act do not apply.

1. The respondents to the application are the Australian Education Union (AEU) Victorian Branch and the United Workers Union (UWU). At least some of the employees who would be covered by the proposed agreement are represented by either the AEU or the UWU. I am satisfied that the AEU and UWU as the bargaining representatives were provided with an opportunity to express their views on the proposed authorisation. The AEU and UWU have provided submissions confirming they support the Authorisation being made.

1. The ELAA filed submissions on behalf of the Applicant Employers. The Applicant Employers were provided with an opportunity to express any further views other than those contained in the application. No views were submitted beyond those already contained in the application.

1. Each of the Applicant Employers that will be covered by the proposed agreement have agreed to bargain together. Each of the Applicant Employers signed an Employer Bargaining Representative Authorisation form in which they consented to appoint the ELAA as a bargaining representative under s.176(1)(d) of the Act, in relation to the negotiation and making of a single interest employer agreement made under s.249 of the Act. I am satisfied that no person has been coerced, or threatened to coerce, any of the employers to agree to bargain for a single-interest enterprise agreement.

1. I am satisfied that the Applicant Employers have clearly identifiable common interests. All the employers have sites in Victoria which is relevant in the context of funding and operational implications as well as there being a common regulatory framework that applies. The parties in this matter have a long history of bargaining together and have been party to multiple-business certified agreements (enterprise agreements) under the Workplace Relations Act 1996 (Cth) or single-interest agreements under the Fair Work Act 2009 (Cth).

1. The Applicant Employers have shared common interests, and it is submitted that continuing to provide consistent terms and conditions of employment across the Applicant Employers is likely to result in more stable recruitment and retention in an industry where there is a scarcity of appropriately qualified early childhood teachers to deliver kindergarten education programs and early childhood educations. I am satisfied that it would not be contrary to the public interest to make the authorisation.

1. The Applicant Employers have comparable operations and business activities. They are each required to comply with the state-based regulatory requirements as part of the Victorian education system for kindergarten education. The Applicant Employers provide services of the same kind and engage employees to perform the same duties. Therefore, many of the Applicant Employers operate collaboratively sharing resources and funding activities across centres.

1. The agreement will not cover those employees in relation to general building and construction work. Therefore, the Authorisation meets the requirement of s.249A of the Act.

Conclusions

1. I am satisfied that all the relevant requirements under s.249(1) of the Act have been met. I am therefore obliged to issue the authorisation sought.

1. The Authorisation to be issued separately in PR775629 satisfies the requirements of s.250 of the Act.

COMMISSIONER

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