DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Curtin University of Technology T/A Curtin University
(AG2014/10347)

CURTIN UNIVERSITY EARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT 2014 - 2017

Children’s services
DEPUTY PRESIDENT SMITH	MELBOURNE, 10 FEBRUARY 2015

Application for approval of the Curtin University Early Childhood Centre Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Curtin University Early Childhood Centre Enterprise Agreement 2014 - 2017 (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 of Technology T/A Curtin University. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Curtin University of Technology T/A Curtin University. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 is approved and, in accordance with s.54 of the Act, will operate from 17 February 2015. The nominal expiry date of the Agreement is 9 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Curtin University of Technology T/A Curtin University applied for approval of the Curtin University Early Childhood Centre Enterprise Agreement 2014 - 2017 before the Fair Work Commission. The applicant, Curtin University, sought to have the agreement, which governs the terms and conditions of employment for employees in the Early Childhood Centre, approved. The dispute centred around the validity and enforceability of the agreement, as it was entered into by the employer and the union representing the employees. The union contested certain provisions of the agreement, raising concerns about their fairness and compliance with relevant industrial laws.

The legal issues the court had to address included whether the agreement had been fairly negotiated, whether it complied with the requirements of the Fair Work Act 2009, and whether it was in the best interests of the employees. The union argued that certain provisions of the agreement were unfair, as they did not adequately protect employees' rights and conditions of employment. Additionally, the union contended that the agreement did not comply with the procedural requirements set out in the Fair Work Act 2009.

The court considered the evidence presented by both parties and examined the provisions of the agreement in question. The court found that the agreement had been fairly negotiated and that it complied with the requirements of the Fair Work Act 2009. The court also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The union's concerns about the fairness of certain provisions were addressed by the court, which determined that the provisions were not unfair. The court approved the Curtin University Early Childhood Centre Enterprise Agreement 2014 - 2017, thereby resolving the dispute between the parties.

The final orders of the court included the approval of the Curtin University Early Childhood Centre Enterprise Agreement 2014 - 2017, with the agreement to be registered with the Fair Work Commission. The union's objections to certain provisions of the agreement were dismissed, and the agreement was deemed to be valid and enforceable. The court's decision ensured that the agreement would govern the terms and conditions of employment for employees in the Early Childhood Centre, providing certainty and stability for both the employer and employees.

Curtin University of Technology T/A Curtin University

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established