Early Learning Association Australia Inc

[2021] FWCA 3620

[2021] FWCA 3620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Early Learning Association Australia Inc
(AG2021/5275)

VICTORIAN EARLY CHILDHOOD TEACHERS AND EDUCATORS AGREEMENT 2020

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 12 JULY 2021

Application for approval of the Victorian Early Childhood Teachers and Educators Agreement 2020.

[1] Early Learning Association Australia has applied for approval of a single enterprise agreement known as the Victorian Early Childhood Teachers and Educators Agreement 2020 (the Agreement).

[2] The Agreement covers 383 employers (listed at Annexure A to this decision). The employers are specified in a single interest employer authorisation that is in operation in relation to the agreement. 1 The 383 employers are taken to be single interest employers2 and as a result the Agreement a single-enterprise agreement3.

[3] The application was not accompanied by a declaration by each employer covered, or by an officer or authorised employee of such. 4 The Commission is in receipt of a declaration made by an officer of the ELAA and a comprehensive statutory declaration by an officer of the Australian Education Union (AEU) outlining the steps taken in relation to the various pre-approval requirements. In the circumstances I consider it appropriate to exercise my power under r.6(1) of the procedural rules to waive compliance with r.24(1) of the rules.

[4] Five of the 383 Notices of Employee Representational Rights issued contained an error in relation to the employer name, and a further notice omitted the then name of the proposed agreement. I am satisfied that these errors were minor technical errors and not likely to disadvantage any employees in the circumstances.

[5] The Agreement was the subject of comprehensive negotiations between the parties. It replaces an earlier, similar enterprise agreement. While some of the terms of the Agreement are less beneficial than equivalent modern award terms, other terms are more beneficial. The Agreement confers benefits not found in the underlying awards. It also omits certain award terms, either because they are not suited to the nature of work performed under the Agreement or have been traded for other entitlements. On balance, I am satisfied that the Agreement will leave employees better off overall than if the relevant modern awards applied to their employment.

[6] I am satisfied that each of the requirements of ss.186, 187, 188(2) and 190 as are relevant to this application for approval have been met.

[7] The Agreement is approved and will operate from 19 July 2021. The nominal expiry date of the Agreement is 30 September 2024.

[8] The Agreement covers the Australian Education Union and United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE511947  PR730986>

Annexure A

 1   PR710342 (16 July 2019), as amended by PR711845 (29 August 2019), PR714779 (2 December 2019), extended by PR720618 (30 June 2020), and varied by PR728107 (25 March 2021).

 2   See Fair Work Act 2009 (Cth), ss.172(5)(c).

 3   Fair Work Act 2009 (Cth), ss.172(2).

 4   See Fair Work Commission Rules 2013 (Cth), r.24(1).