DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Early Childhood Australia Inc; Early Childhood Australia Inc.
(AG2015/6845)

EARLY CHILDHOOD AUSTRALIA INCORPORATED ENTERPRISE AGREEMENT 2015-2018

Clerical industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 9 DECEMBER 2015

Application for approval of the Early Childhood Australia Incorporated Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Early Childhood Australia Incorporated Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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] The Agreement is approved and will operate from 16 December 2015. The nominal expiry date of the Agreement is 15 December 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Early Childhood Australia Inc. and its employees. The dispute centred around the approval of the Early Childhood Australia Incorporated Enterprise Agreement 2015-2018. The matter was heard in the Fair Work Commission, an Australian independent statutory body with the authority to make binding decisions on workplace relations matters.

The legal issues the court needed to address included whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it was in the best interests of the employees and the organisation, and whether it complied with relevant legislative requirements. The court also had to consider whether the agreement was negotiated fairly and in good faith.

The Fair Work Commission concluded that the agreement did meet the criteria for approval. The commission found that the agreement was in the best interests of the employees and the organisation, as it provided for fair and reasonable terms and conditions of employment. The commission also found that the agreement complied with relevant legislative requirements and was negotiated fairly and in good faith. As such, the Early Childhood Australia Incorporated Enterprise Agreement 2015-2018 was approved.

The Fair Work Commission approved the Early Childhood Australia Incorporated Enterprise Agreement 2015-2018, finding that it met the necessary criteria for approval under the Fair Work Act 2009. The agreement was deemed to be in the best interests of both the employees and the organisation, and it complied with relevant legislative requirements. The commission also found that the agreement was negotiated fairly and in good faith.

Early Childhood Australia Inc; Early Childhood Australia Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established