DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Early Learning Association Australia
(AG2016/4275)

CLIFTON SPRINGS PRESCHOOL EARLY CHILDHOOD TEACHERS AND EDUCATORS AGREEMENT 2016

Children’s services
COMMISSIONER LEE	HOBART, 23 SEPTEMBER 2016

Application for approval of the Clifton Springs Preschool Early Childhood Teachers and Educators Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Clifton Springs Preschool 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

In the matter of Early Learning Association Australia, the applicant sought approval for the Clifton Springs Preschool Early Childhood Teachers and Educators Agreement 2016. The respondent, Clifton Springs Preschool, opposed the application on various grounds, leading to a hearing before the Fair Work Commission. The primary dispute centred around the appropriateness and fairness of the proposed agreement in accordance with the Fair Work Act 2009.

The court was tasked with determining whether the Clifton Springs Preschool Early Childhood Teachers and Educators Agreement 2016 met the legislative criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was in the public interest. Additionally, the court had to assess the procedural fairness of the negotiation process and the content of the agreement itself, particularly focusing on the terms related to wages, working conditions, and dispute resolution mechanisms.

In reaching its decision, the Fair Work Commission carefully examined the evidence presented by both parties. The court found that the agreement contained provisions that were fair and reasonable, meeting the statutory requirements. Furthermore, the negotiation process was deemed to have been conducted in a manner that adhered to procedural fairness. Consequently, the court approved the agreement, concluding that it served the public interest by providing a balanced framework for the employment of early childhood educators within the preschool setting.

The Fair Work Commission's final orders included the approval of the Clifton Springs Preschool Early Childhood Teachers and Educators Agreement 2016, effective from the date of the decision. This outcome was based on the findings that the agreement was fair, reasonable, and in the public interest, as well as the procedural fairness of the negotiation process.

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