DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide University Childcare Services Inc
(AG2021/4013)

UNITED WORKERS UNION – ADELAIDE UNIVERSITY CHILDCARE SERVICES COLLECTIVE AGREEMENT 2020

Children’s services
DEPUTY PRESIDENT DEAN	SYDNEY, 15 MARCH 2021

Application for approval of the United Workers Union - Adelaide University Childcare Services Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the United Workers Union - Adelaide University Childcare Services Collective Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide University Childcare Services Inc (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking 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] The United Workers’ Union, 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 22 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adelaide University Childcare Services Inc applied to the Fair Work Commission for approval of the United Workers Union - Adelaide University Childcare Services Collective Agreement 2020. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, and if it contained all the mandated minimum terms and conditions, including those related to pay, classification, and dispute resolution.

The Commission examined the processes followed in negotiating the agreement, considering evidence from both parties regarding the negotiation process. It was crucial to ensure that the agreement reflected genuine efforts to reach a consensus, as required by the Act. Additionally, the Commission assessed whether the agreement covered all necessary minimum terms, such as those concerning remuneration, classification of employees, and mechanisms for resolving disputes. The Commission found that the agreement was made in good faith and complied with the statutory requirements. It contained all the mandated minimum terms and conditions and was thus suitable for approval.

The Commission approved the United Workers Union - Adelaide University Childcare Services Collective Agreement 2020, confirming that it met the statutory criteria for good faith negotiation and inclusion of all required terms. This decision ensures that the agreement will be binding on the parties and will govern the employment conditions of the workers covered by the agreement.

Adelaide University Childcare Services Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established