DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burwood Neighbourhood Child Care Co Op Ltd T/A Elm St Early Learning Centre
(AG2016/4304)

ELM ST EARLY LEARNING CENTRE EARLY CHILDHOOD EDUCATORS ENTERPRISE AGREEMENT 2016

Educational services
DEPUTY PRESIDENT DEAN	MELBOURNE, 19 OCTOBER 2016

Application for approval of the Elm St Early Learning Centre Early Childhood Educators Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Elm St Early Learning Centre Early Childhood Educators Enterprise 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 Burwood Neighbourhood Child Care Co Op Ltd T/A Elm St Early Learning Centre. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement is approved and, in accordance with s.54, will operate from 1 January 2017. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Burwood Neighbourhood Child Care Co-Op Ltd trading as Elm St Early Learning Centre, the Fair Work Commission was presented with an application for the approval of the Elm St Early Learning Centre Early Childhood Educators Enterprise Agreement 2016. The application was brought forth to ensure the agreement met the necessary standards and requirements set out by the Fair Work Act 2009. The legal issues central to the case involved whether the agreement was fair and reasonable, and if it contained the appropriate minimum terms and conditions as required by the Act.

The primary legal issues that the Commission had to address were whether the agreement adequately covered the essential minimum entitlements for early childhood educators and if it provided a fair and equitable balance between the interests of the employer and the employees. The Commission examined whether the agreement contained the minimum terms and conditions outlined by the Act, and if it provided a fair and reasonable framework for the employment relationship. The Commission also had to ensure that the agreement was not contrary to the public interest, and that it facilitated the effective operation of the early learning centre.

After careful consideration of the application and the evidence provided, the Commission found that the agreement met the necessary requirements and standards. The agreement was deemed to contain the appropriate minimum terms and conditions as outlined by the Fair Work Act 2009, and provided a fair and reasonable framework for the employment relationship. The Commission approved the Elm St Early Learning Centre Early Childhood Educators Enterprise Agreement 2016, ensuring that the agreement would provide for the fair and equitable treatment of employees, as well as the effective operation of the early learning centre. The approval of the agreement was seen as a positive step forward in maintaining a balanced and constructive working relationship between the employer and employees within the early learning sector.

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