DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clarence City Council
(AG2021/5948)

ROSNY EARLY LEARNING ENTERPRISE AGREEMENT #7/2021

Local government administration
COMMISSIONER LEE	MELBOURNE, 20 JULY 2021

Application for approval of the Rosny Early Learning Enterprise Agreement #7/2021.

[1] An application has been made for approval of an enterprise agreement known as the Rosny Early Learning Enterprise Agreement #7/2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clarence City Council. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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 United Workers’ 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) I note that the Agreement covers the organisation.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 14 – Redundancy.

However, noting the undertakings provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Clarence City Council, sought approval for the Rosny Early Learning Enterprise Agreement #7/2021. This agreement was intended to outline the terms and conditions of employment for the staff of the Rosny Early Learning Centre, an early childhood education and care service. The matter was heard in the Fair Work Commission, an Australian federal court with jurisdiction over employment disputes and industrial relations matters.

The central legal issue before the Commission was whether the terms and conditions proposed in the agreement were fair and reasonable, in accordance with the relevant provisions of the Fair Work Act 2009. The Commission had to consider if the agreement met the criteria for a "single-enterprise agreement" and if it provided for the fair treatment of employees, taking into account the principles of good faith bargaining and the protection of vulnerable workers. Furthermore, the Commission examined whether the agreement complied with the relevant minimum standards set out in the National Employment Standards and the National Minimum Wage System.

In reaching its decision, the Commission carefully analysed the contents of the proposed agreement against the statutory requirements. It found that the agreement was a genuine single-enterprise agreement and that it provided for the fair and reasonable treatment of the employees. The Commission noted that the agreement included provisions for minimum wage rates, leave entitlements, and other conditions that were consistent with the National Employment Standards. Additionally, the Commission was satisfied that the agreement was the product of good faith bargaining and that it protected the interests of vulnerable workers. Consequently, the Commission approved the Rosny Early Learning Enterprise Agreement #7/2021, finding it to be fair and reasonable.

The Fair Work Commission's decision resulted in the approval of the Rosny Early Learning Enterprise Agreement #7/2021, which will now govern the terms and conditions of employment for the staff of the Rosny Early Learning Centre. The agreement provides for fair and reasonable treatment of employees, in accordance with the relevant statutory provisions. The Commission's decision ensures that the agreement is consistent with the principles of good faith bargaining and the protection of vulnerable workers, while also meeting the requirements of the Fair Work Act 2009.

Clarence City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established