DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2016/8046)

ACT CATHOLIC EDUCATION EARLY LEARNING CENTRE AND SCHOOL AGE CARE CENTRE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER JOHNS	SYDNEY, 15 MARCH 2017

Application for approval of the ACT Catholic Education Early Learning Centre and School Age Care Centre Enterprise Agreement 2016.

[1] On 22 December 2016, The Catholic Commission for Employment Relations (Applicant) made an application for approval of the ACT Catholic Education Early Learning Centre and School Age Care Centre Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Independent Education Union, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 March 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER JOHNS

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CaseChat Overview and Summary

The Catholic Commission for Employment Relations (CCER) sought approval for the ACT Catholic Education Early Learning Centre and School Age Care Centre Enterprise Agreement 2016 from the Fair Work Commission. The dispute involved the terms and conditions of employment for employees working in early learning centres and school age care centres run by the CCER. The application was made under section 233 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it is satisfied that the agreement meets certain criteria, including that it provides for the fair and efficient determination of terms and conditions of employment.

The legal issues before the Commission were whether the agreement provided for the fair and efficient determination of terms and conditions of employment and whether it complied with the good faith bargaining requirements of the Act. The Commission considered whether the agreement provided for a fair and efficient method of determining the terms and conditions of employment, whether it contained terms that were reasonably necessary to facilitate the efficient operation of the workplace, and whether it complied with the good faith bargaining requirements of the Act. The Commission also considered the impact of the agreement on the employees and the employer, and whether it provided for a fair outcome for both parties.

The Commission found that the agreement provided for the fair and efficient determination of terms and conditions of employment and that it complied with the good faith bargaining requirements of the Act. The Commission was satisfied that the agreement provided for a fair and efficient method of determining the terms and conditions of employment and that it contained terms that were reasonably necessary to facilitate the efficient operation of the workplace. The Commission also found that the agreement provided for a fair outcome for both the employees and the employer. The Commission approved the agreement, and it came into effect on 1 July 2016.

The Fair Work Commission approved the ACT Catholic Education Early Learning Centre and School Age Care Centre Enterprise Agreement 2016, finding that it met the requirements of the Fair Work Act 2009. The agreement provides for the fair and efficient determination of terms and conditions of employment and complies with the good faith bargaining requirements of the Act. The agreement was approved on 3 March 2016 and came into effect on 1 July 2016.

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