DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adrian Weir
(AG2016/6338)

TOTOM HOUSE MULTICULTURAL EARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT (THE AGREEMENT)

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 14 DECEMBER 2016

Application for approval of the Totom House Multicultural Early Childhood Centre Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Totom House Multicultural Early Childhood Centre Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Totom Multicultural 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2016. The nominal expiry date of the Agreement is 22 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case are the applicant, Adrian Weir, and the respondents, the Totom House Multicultural Early Childhood Centre. The nature of the dispute is the application for approval of the Enterprise Agreement that governs the employment terms and conditions for the staff of the centre. The court in question is the Fair Work Commission, which is the tribunal responsible for making such determinations.

The legal issues the court was required to decide include whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for being a "better off overall" test. The court had to examine the terms and conditions of the agreement to determine if they provided fair and reasonable outcomes for the employees, and whether they were at least as good as the applicable award or registered agreement.

The Fair Work Commission found that the Enterprise Agreement was compliant with the relevant statutory provisions and met the "better off overall" test. The Commission noted that the agreement provided for fair and reasonable outcomes for the employees, including provisions for minimum wages, penalty rates, leave entitlements, and other working conditions. The Commission also found that the agreement provided for additional benefits, such as professional development opportunities, that were not available under the applicable award or registered agreement. The court approved the Enterprise Agreement, and it will now govern the employment terms and conditions for the staff of the Totom House Multicultural Early Childhood Centre.

Adrian Weir

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established