DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Children’s Education & Care Quality Authority
(AG2016/6548)

AUSTRALIAN CHILDREN’S EDUCATION & CARE QUALITY AUTHORITY ENTERPRISE AGREEMENT 2016-2019

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Australian Children’s Education & Care Quality Authority Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Children’s Education & Care Quality Authority Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Children’s Education & Care Quality Authority. 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 CPSU, the Community and Public Sector 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 was approved on 5 December 2016 and, in accordance with s.54, will operate from 12 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Australian Children’s Education & Care Quality Authority (ACECQA) sought approval of an Enterprise Agreement 2016-2019 in the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for the Authority's staff, including wages, leave provisions, and various other employment-related matters.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements under the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment. The Commission had to determine if the agreement provided for the prescribed minimum entitlements, allowed for a fair balance of rights and obligations, and if it was made in good faith. Another significant issue was whether the agreement would facilitate productivity improvements, which would benefit both the Authority and its employees.

In its decision, the Commission found that the proposed agreement met the legislative requirements and provided for fair and reasonable terms and conditions of employment. The Commission emphasised the importance of the agreement in promoting productivity and efficiency within the Authority, while also ensuring that employees' rights were protected. The Commission also considered the Authority's capacity to meet the financial obligations set out in the agreement, concluding that ACECQA was in a position to do so. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and the Authority.

The final orders of the Commission included the approval of the Australian Children’s Education & Care Quality Authority Enterprise Agreement 2016-2019, which was to commence on 1 July 2016. The agreement was to apply to all employees of ACECQA covered by the agreement and would remain in effect until 30 June 2019. The Commission's decision ensured that the employees would benefit from the terms of the agreement, while also allowing the Authority to achieve its operational objectives effectively.

Australian Children’s Education & Care Quality Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established