Early Childhood Australia Ltd T/A Early Childhood Australia

[2022] FWCA 1890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Early Childhood Australia Ltd T/A Early Childhood Australia

(AG2022/1579)

Early Childhood Australia Enterprise Agreement 2022-2026

Clerical industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 9 JUNE 2022

Application for approval of the Early Childhood Australia Enterprise Agreement 2022-2026

An application has been made for approval of an enterprise agreement known as the Early Childhood Australia Enterprise Agreement 2022-2026 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to subsection 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 June 2022. The nominal expiry date of the Agreement is 8 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were Early Childhood Australia Ltd, trading as Early Childhood Australia, and its employees. The dispute centred on the approval of the proposed Enterprise Agreement for the period 2022 to 2026. The decision was handed down by the Fair Work Commission. The legal issues that the Commission was required to decide were whether the agreement met the statutory requirements for approval and if it was in the best interests of the employees and the employer.

The Fair Work Commission examined the proposed agreement to ensure it complied with the Fair Work Act 2009. The Commission considered the terms and conditions of the agreement, including wages, hours of work, leave provisions, and other employment-related matters. The Commission also evaluated whether the agreement had been negotiated in good faith and whether it provided for a fair and reasonable outcome for both parties. In making its decision, the Commission took into account the views of the employees and the employer, as well as any relevant industry benchmarks and economic factors.

The Fair Work Commission concluded that the proposed agreement met the statutory requirements for approval. The Commission found that the agreement had been negotiated in good faith and that it provided for a fair and reasonable outcome for both the employees and the employer. The Commission was satisfied that the agreement contained terms and conditions that were not less favourable than the applicable awards or the general industrial awards, and that it provided for appropriate flexibility and productivity measures. The Commission approved the Early Childhood Australia Enterprise Agreement 2022-2026, effective from the date of the decision.

The final orders of the Commission were that the Early Childhood Australia Enterprise Agreement 2022-2026 be approved as a registered agreement under the Fair Work Act 2009. The agreement would apply to the employees of Early Childhood Australia from the date of the decision and would remain in force until the end of the agreed period, unless terminated earlier in accordance with the agreement or the Act. The Commission's decision provided certainty and stability for both the employees and the employer, and ensured that the agreement met the requirements of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established