DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Early Learning Association Australia
(AG2016/4270)

YMCA WHITTLESEA EARLY CHILDHOOD TEACHERS AND EDUCATORS AGREEMENT 2016

Children’s services
COMMISSIONER LEE	HOBART, 23 SEPTEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the YMCA Whittlesea 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 Early Learning Association Australia, acting on behalf of the YMCA Whittlesea, applied for approval of the YMCA Whittlesea Early Childhood Teachers and Educators Agreement 2016. The application was heard in the Fair Work Commission. The legal issues before the Commission involved determining whether the proposed agreement complied with the relevant legislative requirements and whether it provided appropriate terms and conditions for the employees involved.

The Commission examined the application in light of the Fair Work Act 2009, focusing on whether the agreement met the criteria for approval. The analysis involved assessing the agreement's provisions concerning pay rates, conditions of employment, and any other relevant terms. The Commission also considered the views of the parties and any broader implications for the industry and the employees affected.

After thorough deliberation, the Commission found that the agreement was in compliance with the necessary legislative requirements and appropriately balanced the interests of both the employer and the employees. The Commission concluded that the proposed agreement met the criteria for approval, ensuring that it provided fair and reasonable terms and conditions for the employees involved. Consequently, the Commission approved the YMCA Whittlesea Early Childhood Teachers and Educators Agreement 2016, recognising its adequacy and fairness.

The final orders of the Commission were that the agreement be approved and registered with the Fair Work Commission. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would govern their employment terms moving forward.

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