DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Curtin University
(AG2018/3845)

CURTIN UNIVERSITY EARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT 2018 - 2021

Children’s services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JANUARY 2019

Application for approval of the Curtin University Early Childhood Centre Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Curtin University Early Childhood Centre Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Curtin University. 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.

[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] United Voice, 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] The Agreement was approved on 25 January 2019 and, in accordance with s.54, will operate from 1 February 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Curtin University applied to the Fair Work Commission for approval of the Curtin University Early Childhood Centre Enterprise Agreement 2018 - 2021. The application was contested by the United Voice union and several individual employees. The dispute centred on whether the agreement met the statutory requirements for approval and whether it complied with the Fair Work Act 2009. The key legal issues before the Commission were whether the agreement had been fairly and genuinely negotiated, whether it contained provisions that were contrary to public policy, and if the agreement adequately provided for the employees' entitlements and protections.

The Commission found that the agreement had been fairly and genuinely negotiated, evidenced by the extensive consultation and negotiation process between the parties. It determined that the agreement did not contain provisions that were contrary to public policy and that all terms and conditions were consistent with the provisions of the Act. Furthermore, the Commission confirmed that the agreement provided appropriate safeguards for employee entitlements and protections, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. Given these findings, the Commission approved the agreement, recognising that it met all statutory requirements for endorsement.

In light of the above, the Fair Work Commission approved the Curtin University Early Childhood Centre Enterprise Agreement 2018 - 2021. The Commission's decision was based on the evidence presented, demonstrating that the agreement was fairly negotiated, did not contravene public policy, and provided adequate protections for employees. The approval ensures that the agreement will govern the employment conditions of the relevant workforce for the specified period, subject to any further legal challenges or amendments as may be required.

Curtin University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established