DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Early Learning Association Australia
(AG2016/4271)

BARWON CHILD, YOUTH & FAMILY EARLY CHILDHOOD TEACHERS AND EDUCATORS AGREEMENT 2016

Children’s services
COMMISSIONER CIRKOVIC	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the Barwon Child, Youth & Family Early Childhood Teachers and Educators Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Barwon Child, Youth & Family 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

Early Learning Association Australia sought approval of a new enterprise agreement for its employees. The Fair Work Commission (FWC) was tasked with deciding whether the agreement met the necessary criteria under the Fair Work Act 2009. The central legal issue was whether the agreement provided for the fair and efficient determination of employees' terms and conditions of employment, and whether it complied with the good faith bargaining requirement. The FWC examined the negotiation process, the content of the agreement, and the parties' conduct throughout. The FWC concluded that the agreement was fair and efficient, and that the parties had engaged in good faith bargaining. The FWC found that the association had met its burden of demonstrating that the agreement was in the best interests of the employees, and that it was not contrary to public policy. The FWC approved the agreement, noting that it provided for appropriate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The association was authorised to implement the agreement, subject to certain conditions. The decision provides guidance on the factors the FWC considers when assessing the fairness of an enterprise agreement and the conduct of the parties involved in the bargaining 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