DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Early Learning Association Australia
(AG2016/4269)

PROM COAST CENTRES KINDERGARTEN TEACHERS AND EDUCATORS AGREEMENT 2016

Children’s services
COMMISSIONER LEE	HOBART, 23 SEPTEMBER 2016

Application for approval of the Prom Coast Centres Kindergarten Teachers and Educators Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Prom Coast Centres Kindergarten 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

Early Learning Association Australia applied to the Fair Work Commission for the approval of the Prom Coast Centres Kindergarten Teachers and Educators Agreement 2016. The applicants sought the agreement to be registered as a safety net agreement, ensuring it would cover employees not explicitly covered by other registered agreements. The Commission was required to consider whether the agreement met the criteria for approval under the Fair Work Act.

The primary legal issue was whether the agreement fulfilled the statutory requirements for approval. The Commission had to assess if the agreement was in the interests of employees and employers, and whether it provided a safety net for those not covered by other agreements. The applicants argued that the agreement was necessary to provide a consistent framework for educators and to ensure fair wages and conditions across the sector.

The Commission determined that the agreement met the criteria for approval. It found that the agreement was in the interests of both employees and employers, providing a fair and reasonable safety net for educators. The Commission concluded that the agreement would contribute to the stability and predictability of the workplace and would not lead to a reduction in the terms and conditions of employment. Consequently, the application for approval was successful, and the agreement was registered as a safety net agreement.

The final order was the registration of the Prom Coast Centres Kindergarten Teachers and Educators Agreement 2016 as a safety net agreement, effective from the date of the decision. This decision provided a framework for the wages and conditions of educators in the region, ensuring that they are covered by a fair and reasonable 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