Australian Children's Education & Care Quality Authority

[2019] FWCA 7104

[2019] FWCA 7104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Children's Education & Care Quality Authority
(AG2019/3029)

ACECQA ENTERPRISE AGREEMENT 2019-2022

Commonwealth employment
DEPUTY PRESIDENT BULL	SYDNEY, 15 OCTOBER 2019

Application for approval of the ACECQA Enterprise Agreement 2019-2022.

[1] An application (Form F16) has been filed by Australian Children's Education & Care Quality Authority(the applicant) for the approval of an enterprise agreement known as the ACECQA Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Community and Public Sector Union (CPSU), 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.

[4] I note that the employer in its F17 stated there is no specific Modern Award applying to it and the most applicable award is the Miscellaneous Award 2010. The CPSU in its F18 disagreed and submitted that the applicable Modern Award is the Australian Government Industry Award 2010. The Commission has considered the Agreement against both the Miscellaneous Award 2010 and the Australian Government Industry Award 2010 for the purposes of the Better off Overall Test (BOOT).

[5] I am satisfied that for the purposes of the BOOT employees will be better off overall under the Agreement as compared to both the Awards.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE505717  PR713330>