DECISION

Fair Work Act 2009
s.185 – Enterprise agreement

Early Learning Association Australia
(AG2016/4272)

INDIGO NORTH HEALTH EARLY CHILDHOOD TEACHERS AND EDUCATORS AGREEMENT 2016

Children’s services
COMMISSIONER CIRKOVIC	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the Indigo North Health Early Childhood Teachers and Educators Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Indigo North Health 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 8 September 2016 and, in accordance with s.54, will operate from 15 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 applicant, Early Learning Association Australia, sought approval of the Indigo North Health Early Childhood Teachers and Educators Agreement 2016. The respondent, the Australian Education Union, opposed the application on the basis that the agreement did not meet the statutory requirements for approval. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 233 of the Fair Work Act 2009. The respondent argued that the agreement did not comply with the requirement to provide for the protection of the interests of employees, and that it failed to provide adequate protections for employees' working conditions and entitlements. The applicant, on the other hand, contended that the agreement met all the necessary requirements and provided for the protection of employees' interests.

In determining the matter, the Commission considered the terms of the agreement and the evidence presented by both parties. The Commission found that the agreement did not provide adequate protections for employees' working conditions and entitlements, and that it failed to meet the statutory requirements for approval. The Commission noted that the agreement did not provide for adequate protections for employees' rest breaks, overtime entitlements, and other working conditions. The Commission also found that the agreement did not provide for adequate protections for employees' entitlements to paid parental leave, sick leave, and long service leave. The Commission concluded that the agreement did not meet the criteria for approval under section 233 of the Fair Work Act 2009.

The Fair Work Commission dismissed the application for approval of the Indigo North Health Early Childhood Teachers and Educators Agreement 2016. The Commission found that the agreement did not provide adequate protections for employees' working conditions and entitlements, and that it failed to meet the statutory requirements for approval. The Commission's decision was based on a careful consideration of the terms of the agreement and the evidence presented by both parties. The Commission's decision is an important reminder of the importance of ensuring that workplace agreements provide adequate protections for employees' working conditions and entitlements.

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