Australian Children’s Education and Care Quality Authority

[2014] FWCA 4393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Children’s Education and Care Quality Authority
(AG2014/1401)

ACECQA ENTERPRISE AGREEMENT 2013-2016

Commonwealth employment
COMMISSIONER MCKENNA	SYDNEY, 1 JULY 2014

Application for approval of the ACECQA Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the ACECQA Enterprise Agreement 2013-2016 (“the Agreement”). The application has been made by the Australian Children’s Education and Care Quality Authority (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] The applicant has provided written undertakings addressing miscellaneous matters. With the undertakings, I am satisfied each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The views of the bargaining representatives were sought in relation to the undertakings. The Community and Public Sector Union (“CPSU”), and those of the employee bargaining representatives who expressed a view, concurred with the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. The undertakings are taken to be terms of the Agreement. As the Agreement does not contain complying consultation and flexibility terms, the model consultation and flexibility terms are taken to be terms of the Agreement. I note that, notwithstanding the provisions of clauses 158-159 of the Agreement, the provisions of the relevant long service leave statutes will prevail to the extent those clauses may be in disconformity with any minimum long service leave provisions.

[3] The CPSU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Australian Children’s Education and Care Quality Authority (ACECQA) sought approval for the ACECQA Enterprise Agreement 2013-2016. The agreement was proposed to cover employees who were members of the Community and Public Sector Union (CPSU). The nature of the dispute centred around whether the agreement met the necessary standards for approval under the Fair Work Act 2009, specifically concerning the provisions for employee conditions, dispute resolution mechanisms, and other related matters.

The legal issues before the court were multifaceted, focusing on whether the proposed agreement complied with the provisions of the Fair Work Act. Key concerns included the fairness and reasonableness of the agreement, the procedural fairness in its negotiation, and whether it appropriately balanced the interests of both the employees and the employer. Additionally, the court examined whether the agreement provided adequate protections and benefits for the employees, ensuring it was not contrary to public interest.

The Fair Work Commission found that the ACECQA Enterprise Agreement 2013-2016 was fair and reasonable. It concluded that the agreement met the necessary standards for approval, considering the balance of rights and obligations, the fairness of the terms, and the adherence to the legislative requirements. The Commission noted that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions for employees. The procedural fairness in the negotiation process was also upheld, and the agreement was deemed to be in the public interest.

The Fair Work Commission approved the ACECQA Enterprise Agreement 2013-2016, effective from the date of the decision. The approval ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established