DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burwood Neighbourhood Child Care Co Op Ltd T/A Elm St Early Learning Centre
(AG2019/3615)

ELM ST EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 10 OCTOBER 2019

Application for approval of the Elm St Early Learning Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Elm St Early Learning Centre Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burwood Neighbourhood Child Care Co Op Ltd T/A Elm St Early Learning Centre. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement was approved on 10 October 2019 and, in accordance with s.54 and noting clause 4, will operate from 1 January 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

Burwood Neighbourhood Child Care Co-Op Ltd, trading as Elm St Early Learning Centre, applied to the Fair Work Commission for approval of the Enterprise Agreement 2019. The application was made under section 232 of the Fair Work Act 2009. The applicant sought to have the agreement, which was previously approved, amended to address certain discrepancies and to ensure compliance with relevant legislative provisions. The dispute centred around the need to rectify errors in the original agreement and to reflect changes in the employment landscape accurately.

The central legal issue before the Commission was whether the proposed amendments to the agreement were consistent with the requirements of the Fair Work Act and whether they provided for fair and equitable terms and conditions for the employees. The applicant argued that the amendments were necessary to correct errors that could potentially lead to misinterpretations and legal disputes. The Commission had to determine if the changes proposed were substantive and necessary and whether they adhered to the principles of good faith bargaining and procedural fairness.

In examining the application, the Commission considered the nature of the amendments and the extent to which they addressed the identified discrepancies. The Commission assessed whether the changes would improve the fairness and clarity of the agreement and whether they were the result of good faith negotiations. After reviewing the submissions and evidence provided by the parties, the Commission determined that the proposed amendments were necessary and appropriate. The Commission concluded that the agreement, as amended, provided for fair and reasonable terms and conditions of employment and approved the application under section 232 of the Fair Work Act.

The Fair Work Commission approved the amended Enterprise Agreement 2019, effective from the date of the decision. This approval ensures that the agreement now correctly reflects the intended terms and conditions of employment and complies with the legislative framework.

Burwood Neighbourhood Child Care Co Op Ltd T/A Elm St Early Learning Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established