DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bruce Ridge Early Childhood Centre & Preschool Associated Incorporated
(AG2017/6477)

BRUCE RIDGE EARLY CHILDHOOD CENTRE AND PRESCHOOL ENTERPRISE AGREEMENT 2018 - 2021

Australian Capital Territory
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JULY 2018

Application for approval of the Bruce Ridge Early Childhood Centre and Preschool Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bruce Ridge Early Childhood Centre and Preschool Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bruce Ridge Early Childhood Centre & Preschool Associated Incorporated. 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 United Voice 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 is approved and, in accordance with s.54 of the Act, will operate from 10 July 2018. The nominal expiry date of the Agreement is 30 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Bruce Ridge Early Childhood Centre & Preschool Associated Incorporated, an applicant seeking approval of an Enterprise Agreement from 2018 to 2021. The application was heard in the Fair Work Commission. The nature of the dispute was over whether the proposed agreement met the legal requirements for approval, specifically under section 234 of the Fair Work Act 2009.

The court had to determine if the Enterprise Agreement complied with the mandatory criteria set out in the legislation. This included assessing whether the agreement contained all the prescribed terms, whether the agreement was made in good faith, and whether it provided for the prompt payment of wages. The court also needed to consider if the agreement met the requirement of being a simple, fair, and efficient way to regulate employees' terms and conditions of employment.

The Commission found that the proposed agreement met all the necessary criteria for approval. The agreement contained all prescribed terms and was made in good faith. It was deemed to provide for the prompt payment of wages and was considered a simple, fair, and efficient way to regulate the employees' terms and conditions of employment. Consequently, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Bruce Ridge Early Childhood Centre and Preschool Enterprise Agreement 2018 to 2021, finding it to be compliant with the relevant legal requirements. The agreement was deemed to contain all prescribed terms, to have been made in good faith, and to provide for the prompt payment of wages. The Commission considered the agreement to be a simple, fair, and efficient way to regulate employees' terms and conditions of employment.

Bruce Ridge Early Childhood Centre & Preschool Associated Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established