DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Early Learning Association Australia
(AG2016/1119)

VICTORIAN EARLY CHILDHOOD TEACHERS AND EDUCATORS AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the Victorian Early Childhood Teachers and Educators Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Early Childhood Teachers and Educators Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Early Learning Association Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Education Union and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Early Learning Association Australia applied to the Fair Work Commission for approval of the Victorian Early Childhood Teachers and Educators Agreement 2016. The application was brought under section 232 of the Fair Work Act 2009, which allows for the approval of an agreement by a single employer or single employer association where it meets certain criteria, including that it provides for fair and reasonable terms and conditions of employment. The application was opposed by the Victorian Out of School Hours Care Association on the basis that the agreement did not meet the statutory requirements and did not provide for fair and reasonable terms and conditions of employment.

The Fair Work Commission was required to determine whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment. The Commission considered the evidence and submissions of the parties and found that the agreement met the statutory criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including by providing for a pay rise, improved leave entitlements, and better working conditions. The Commission also found that the agreement was in the interests of the employees and the community.

Accordingly, the Fair Work Commission approved the Victorian Early Childhood Teachers and Educators Agreement 2016. The agreement is now a registered agreement under the Fair Work Act 2009 and will apply to employees in the early childhood education and care sector in Victoria. The decision provides certainty and stability for employers and employees in the sector and ensures that they are provided with fair and reasonable terms and conditions of employment.

Early Learning Association Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established