DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Early Learning Association Australia
(AG2016/4274)

MENZIES CREEK PRIMARY SCHOOL EARLY CHILDHOOD TEACHERS AND EDUCATORS AGREEMENT 2016

Children’s services
COMMISSIONER LEE	HOBART, 23 SEPTEMBER 2016

Application for approval of the Menzies Creek Primary School Early Childhood Teachers and Educators Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Menzies Creek Primary School 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 matter before the Fair Work Commission was an application by the Early Learning Association Australia to have the Menzies Creek Primary School Early Childhood Teachers and Educators Agreement 2016 approved as a safety net agreement. The application was contested by the Australian Education Union (Vic) who argued that the proposed agreement failed to provide adequate protections for teachers and educators. The Commission was required to consider whether the agreement met the criteria for approval as a safety net agreement under the Fair Work Act.

The legal issues before the Commission were whether the proposed agreement provided a safety net for teachers and educators, and whether it was in the interests of the employees to approve the agreement as a safety net agreement. The Commission considered the definition of a safety net agreement under the Fair Work Act, and the factors that must be taken into account when considering whether an agreement should be approved as a safety net agreement. The Commission also considered the evidence and submissions of the parties, and the implications of approving the agreement for the employees and the employer.

The Commission found that the proposed agreement did not provide a safety net for teachers and educators, as it failed to provide adequate protections in relation to pay rates, leave entitlements, and other working conditions. The Commission also found that the agreement was not in the interests of the employees, as it would result in reduced pay rates and other negative impacts on working conditions. The Commission therefore refused to approve the Menzies Creek Primary School Early Childhood Teachers and Educators Agreement 2016 as a safety net agreement.

The Fair Work Commission refused to approve the Menzies Creek Primary School Early Childhood Teachers and Educators Agreement 2016 as a safety net agreement. The Commission found that the agreement failed to provide adequate protections for teachers and educators, and was not in the interests of the employees. The Commission ordered that the application be dismissed, and that the proposed agreement not be approved as a safety net agreement.

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