DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat City Council T/A City of Ballarat; Banyule City Council; Corangamite Shire Council; Glenelg Shire Council; Golden Plains Shire Council; Greater Geelong City Council; Greater Shepparton City Council; Knox City Council; Latrobe City Council; Loddon Shire Council; Macedon Ranges Shire Council; Mitchell Shire Council; Moyne Shire Council; Northern Grampians Shire Council; Surf Coast Shire Council; Towong Shire Council; Warrnambool City Council; West Wimmera Shire Council; Wodonga City Council T/A City of Wodonga; Wyndham City Council; Yarra Ranges Shire Council; Yarriambiack Shire Council
(AG2016/2667)

EARLY EDUCATION EMPLOYEES AGREEMENT 2016

Educational services
COMMISSIONER BISSETT	MELBOURNE, 19 APRIL 2016

Application for approval of the Early Education Employees Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Early Education Employees Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Municipal Association of Victoria. The agreement is a multi-enterprise agreement.

[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 Australian Education Union and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 26 April 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved several municipal councils seeking approval for the Early Education Employees Agreement 2016. The councils were looking for the agreement to be registered as a safety net agreement, which would then apply to their employees. The legal issues that needed to be resolved centred around whether the proposed agreement met the requirements set out in the Fair Work Act 2009 for a safety net agreement, particularly regarding minimum entitlements, and whether it was in the interests of the employees covered by the agreement.

The Commission examined the proposed agreement against the statutory criteria outlined in the Fair Work Act 2009. The Commission considered whether the agreement provided minimum entitlements that were at least equal to those provided by the relevant national system award, and whether the agreement was in the interests of the employees it covered. The Commission also assessed whether the agreement provided for a fair and efficient workplace, and whether it was consistent with the objects of the Act. The Commission found that the agreement met all the necessary criteria, and therefore, was in the interests of the employees it covered. The Commission was satisfied that the proposed agreement provided for minimum entitlements that were at least equal to the relevant national system award and that it was in the interests of the employees it covered.

The Fair Work Commission approved the Early Education Employees Agreement 2016 as a safety net agreement. This decision allows the agreement to be applied to the employees of the councils involved, ensuring they receive the minimum entitlements specified in the agreement. The Commission's approval provides a framework for the councils to manage their early education employees effectively while adhering to the legal requirements for safety net agreements.

Ballarat City Council T/A City of Ballarat; Banyule City Council; Corangamite Shire Council; Glenelg Shire Council; Golden Plains Shire Council; Greater Geelong City Council; Greater Shepparton City Council; Knox...

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established