DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Early Learning Association Australia
(AG2016/4268)

SPRINGSIDE KINDERGARTEN EARLY CHILDHOOD TEACHERS AND EDUCATORS AGREEMENT 2016

Children’s services
COMMISSIONER LEE	HOBART, 23 SEPTEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Springside Kindergarten 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.

[4] The Australian Education Union 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 30 September 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 application was brought by the Early Learning Association Australia for approval of the Springside Kindergarten Early Childhood Teachers and Educators Agreement 2016. The dispute was about whether the agreement met the requirements for approval under the relevant industrial legislation. The Fair Work Commission heard the case. The legal issues before the Commission were whether the agreement complied with the procedural requirements for approval, and whether it met the substantive requirements of providing for minimum rates of pay and conditions of employment. The Commission found that the agreement was procedurally valid as it was made in accordance with the industrial legislation and that all necessary consultation had occurred. Regarding the substantive requirements, the Commission assessed the provisions of the agreement against the relevant minimum standards. It found that the agreement provided for rates of pay and conditions of employment that were not less favourable than the applicable award or registered agreement. Consequently, the Commission approved the agreement, holding that it met all necessary criteria for approval. The decision was made on the basis that the agreement was fairly negotiated and provided for adequate protections for employees.

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