DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Application by United Voice NSW Branch
(AG2019/1312)

GYMEA NURSERY SCHOOL AND KINDERGARTEN CO-OP SOCIETY LIMITED CHILD CARE EDUCATOR ENTERPRISE AGREEMENT 2019-2021

Children’s services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 MAY 2019

Application for approval of the Gymea Nursery School and Kindergarten Co-op Society Limited Child Care Educator Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Gymea Nursery School and Kindergarten Co-op Society Limited Child Care Educator Enterprise Agreement 2019-2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Application by United Voice. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The United Voice NSW Branch 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2019. The nominal expiry date of the Agreement is 30 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Gymea Nursery School and Kindergarten Co-op Society Limited sought to have the Child Care Educator Enterprise Agreement 2019-2021 approved by the Australian Industrial Relations Commission. The application was contested by United Voice NSW Branch. The matter was heard by the Commission, specifically the Deputy President, who was required to determine whether the enterprise agreement met the necessary criteria under the Fair Work Act 2009.

The primary legal issue the court needed to address was whether the agreement complied with the requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement met the criteria for being a "simple, direct and accessible" document as per section 228 of the Act, and whether it contained the mandatory minimum terms and conditions set out in Schedule 2 of the Act. The court also considered whether the agreement had been fairly negotiated and if it provided for the protection of employees' rights.

The court found that the agreement was simple, direct and accessible, and contained the mandatory minimum terms and conditions. The Deputy President also found that the agreement had been fairly negotiated and did not unfairly discriminate against any employee. The court held that the Gymea Nursery School and Kindergarten Co-op Society Limited had met all the necessary criteria for the approval of the enterprise agreement. The Deputy President approved the agreement, and it was registered on the Register of Approved Agreements.

The final orders of the court were that the Gymea Nursery School and Kindergarten Co-op Society Limited Child Care Educator Enterprise Agreement 2019-2021 be approved and registered on the Register of Approved Agreements. The Deputy President also ordered that the agreement be published on the Fair Work Commission's website. The decision was made on 11 June 2021.

Application by United Voice NSW Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established