DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Early Learning Association Australia Inc
(AG2016/7952)

BARRY BECKETT PROFESSIONAL CHILDCARE STANDARD 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 24 MARCH 2017

Application for approval of the Barry Beckett Professional Childcare Standard 2016.

[1] An application has been made for approval of an enterprise agreement known as the Barry Beckett Professional Childcare Standard 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 Inc. 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 Agreement was approved on 24 March 2017 and, in accordance with s.54, will operate from 31 March 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Early Learning Association Australia Inc applied to the Children and Education Registration and Qualifications Authority of the State of New South Wales for the approval of the Barry Beckett Professional Childcare Standard 2016. The Authority refused the application on the basis that the Standard did not comply with the legislation governing the registration of early childhood education and care services. The Association appealed to the Civil and Administrative Tribunal of New South Wales, which dismissed the appeal. The Association appealed the Tribunal's decision to the Supreme Court of New South Wales.

The key issue for the Court was whether the Tribunal's decision to dismiss the appeal was unreasonable. The Association argued that the Standard was consistent with the legislative requirements and that the Tribunal had erred in finding otherwise. The Authority submitted that the Tribunal's decision was correct and that the Standard was not consistent with the legislation. The Court found that the Tribunal had erred in its interpretation of the legislation and that the Standard was consistent with the legislative requirements. The Court held that the Tribunal's decision was unreasonable and set it aside.

The Court held that the Standard was consistent with the legislative requirements, as it provided for the registration of individuals rather than services, and that the Tribunal had erred in its interpretation of the legislation. The Court found that the Tribunal had failed to consider the purpose of the legislation, which was to ensure that children receive high-quality education and care, and that the Standard was consistent with this purpose. The Court held that the Tribunal's decision was unreasonable and set it aside. The Court remitted the matter to the Authority for reconsideration in light of the Court's decision.

Early Learning Association Australia Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established