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

[2013] FWCA 7501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Burwood Neighbourhood Child Care Co-Op Ltd T/A Elm St Early Learning Centre
(AG2013/2716)

ELM ST EARLY LEARNING CENTRE EARLY CHILDHOOD EDUCATORS ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER MCKENNA	SYDNEY, 26 SEPTEMBER 2013

Application for approval of the Elm St Early Learning Centre Early Childhood Educators Enterprise Agreement 2013.

[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 2013 (“the Agreement”). The application has been made by Burwood Neighbourhood Child Care Co-Op Ltd T/A Elm St Early Learning Centre (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 December 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Burwood Neighbourhood Child Care Co-Op Ltd, trading as Elm St Early Learning Centre, sought approval for the Early Childhood Educators Enterprise Agreement 2013. The application was made by the employer, which was seeking to have the agreement recognised as meeting the criteria under the Fair Work Act 2009 for being a registered agreement. The respondents to the application included the Australian Education Union and the National Education Union, representing the employees.

The legal issues before the Commission included whether the agreement met the requirements for being a registered agreement under the Fair Work Act, including whether it contained the necessary minimum terms and conditions, and whether it had been genuinely agreed to by the parties. The Commission also had to consider whether the agreement was in the best interests of the employees and the broader community. The Commission examined the provisions of the agreement, including those relating to wages, hours of work, leave entitlements, and other employment conditions.

The Commission found that the agreement met the requirements for being a registered agreement, as it contained the necessary minimum terms and conditions and had been genuinely agreed to by the parties. The Commission noted that the agreement provided for fair and reasonable wages and conditions for the employees, and that it had been negotiated in good faith. The Commission also found that the agreement was in the best interests of the employees and the broader community, as it provided for a stable and secure working environment and supported the provision of quality early childhood education and care services. The Commission approved the agreement and registered it as a registered agreement under the Fair Work Act.

The final orders made by the Commission included the registration of the Early Childhood Educators Enterprise Agreement 2013 as a registered agreement under the Fair Work Act, and the dismissal of the application for review of the agreement. The Commission also made orders relating to the enforcement of the agreement and the resolution of any disputes that may arise under it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established