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

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CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Australian Children’s Education & Care Quality Authority (ACECQA) sought approval for the Enterprise Agreement 2019-2022. The dispute involved the ACECQA's employees, who were represented by the Community and Public Sector Union (CPSU). The Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly with respect to the provisions of the Better Off Overall Test (BOOT). The employees argued that the proposed agreement did not sufficiently improve their conditions to warrant approval.

The central legal issue before the Commission was whether the ACECQA Enterprise Agreement 2019-2022 provided a safety net for the employees that ensured they were not worse off overall compared to their existing conditions. This involved an assessment of the financial and non-financial benefits and detriments of the proposed agreement against the current enterprise agreement. The Commission needed to examine the evidence presented by both parties, including financial data, expert testimonies, and the overall impact on the employees' working conditions and benefits.

The Commission found that the proposed agreement did indeed meet the BOOT requirements. It concluded that the agreement provided sufficient improvements in various areas, including salary increments, enhanced leave provisions, and better conditions for part-time and casual employees. The Commission was satisfied that the proposed changes were likely to benefit the majority of the employees and that the overall package of improvements made the employees better off overall. Consequently, the Commission approved the ACECQA Enterprise Agreement 2019-2022, endorsing it as meeting the legislative criteria for approval. This decision ensures that the employees will benefit from the enhanced terms and conditions as outlined in the new agreement.

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