DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2018/7303)

ACT CATHOLIC EDUCATION EARLY LEARNING CENTRE AND SCHOOL AGE CARE CENTRE ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 30 APRIL 2019

Application for approval of the ACT Catholic Education Early Learning Centre and School Age Care Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ACT Catholic Education Early Learning Centre and School Age Care Centre Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Catholic Commission for Employment Relations. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained cross referencing errors in its contents page. On 3 January 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The Independent Education Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the ACT Catholic Education Early Learning Centre and School Age Care Centre and its employees, represented by the Catholic Commission for Employment Relations, who applied to the Fair Work Commission for approval of a new enterprise agreement. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The matter was heard in the Fair Work Commission, a body established under the Fair Work Act to resolve workplace disputes.

The key legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained the necessary minimum terms and conditions, was free from prohibited content, and was appropriately negotiated. The Commission also considered the procedural fairness in the negotiation process and the balance of the agreement in terms of the rights and obligations of both the employer and the employees.

In reaching its decision, the Fair Work Commission examined the contents of the proposed agreement in detail, assessing whether it contained the required minimum terms and conditions as prescribed by the Fair Work Act. The Commission took into account the negotiation process and whether it adhered to the principles of procedural fairness. It further evaluated the balance of the agreement to ensure it was fair and reasonable for both parties. Ultimately, the Commission found that the proposed agreement met all the statutory requirements and was procedurally fair. The Commission approved the agreement, recognising it as a fair and reasonable basis for employment within the centre.

The final orders of the Commission included the approval of the ACT Catholic Education Early Learning Centre and School Age Care Centre Enterprise Agreement 2018, which would now serve as the basis for employment conditions between the employer and the employees. The Commission's decision was made in accordance with the statutory requirements and principles of procedural fairness.

Catholic Commission for Employment Relations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established