DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Early Childhood Australia Inc.
(AG2018/6755)

EARLY CHILDHOOD AUSTRALIA INCORPORATED ENTERPRISE AGREEMENT 2018-2021

Clerical industry
COMMISSIONER PLATT	ADELAIDE, 10 JULY 2019

Application for approval of the Early Childhood Australia Incorporated Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Early Childhood Australia Incorporated Enterprise Agreement 2018-2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Early Childhood Australia Inc. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 June 2019.

[3] On 1 July 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 3 July 2019. The undertaking deals with the following topics:

• Where a part-time employee is directed to work additional hours in excess of those agreed at commencement (or subsequently varied by consent) the employee will be paid overtime in accordance with clause 35 of the Agreement unless time of in lieu (TOIL) is requested by the employee and approved by their Manager.

• Clause 34.2(c) will have no effect.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 9 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Early Childhood Australia Incorporated (ECA) to approve the Enterprise Agreement 2018-2021, which aimed to regulate the employment conditions of its employees. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement provided fair and reasonable terms for employees and complied with the requirements of the Act.

The primary legal issues the Commission had to address were whether the agreement was free from any unlawful content, whether it contained terms that were fair and reasonable, and whether it adhered to the procedural requirements for approval. This involved assessing whether the agreement was genuinely negotiated between the parties, whether it covered all necessary terms, and whether it provided adequate protections for employees. Additionally, the Commission considered whether the agreement included provisions that were discriminatory or that contravened any legislative protections.

The Fair Work Commission found that the agreement was free from any unlawful content and that it contained terms that were fair and reasonable. The Commission concluded that the agreement was genuinely negotiated and met the procedural requirements for approval. It noted that the agreement provided comprehensive terms covering various employment aspects, including wages, hours of work, and leave provisions. The Commission further determined that the agreement did not include any discriminatory provisions and that it adequately protected employees' rights.

The Commission approved the Early Childhood Australia Incorporated Enterprise Agreement 2018-2021, effective from 1 January 2018. The approval was contingent on the agreement being registered with the Fair Work Commission, which would provide ongoing oversight to ensure compliance with the Fair Work Act.

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