DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Early Learning Association Australia
(AG2016/6596)

VICTORIAN EARLY CHILDHOOD AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 7 DECEMBER 2016

Application for approval of the Victorian Early Childhood Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Early Childhood 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. 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 7 December 2016 and, in accordance with s.54, will operate from 14 December 2016. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Early Learning Association Australia, represented by its members, applied to the Fair Work Commission for the approval of the Victorian Early Childhood Agreement 2016. This agreement was intended to regulate the employment conditions of early childhood educators in Victoria. The application was contested by the Department of Education and Training, which raised concerns about the agreement's potential impact on the provision of early childhood education services. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the requirements set forth in section 234 of the Fair Work Act. Specifically, the Commission had to consider whether the agreement was in the public interest and whether it would ensure a fair and efficient workplace relations system. The Commission also needed to assess whether the agreement would provide for the efficient and productive operation of the early childhood education sector. These criteria required a careful balance between the interests of employers and employees, as well as the broader public interest in the provision of quality early childhood education services.

In its decision, the Commission found that the agreement met the criteria for approval. It determined that the agreement would contribute to a fair and efficient workplace relations system by providing a framework for resolving disputes and ensuring consistent employment conditions across the sector. The Commission also found that the agreement was in the public interest, as it would support the provision of high-quality early childhood education services. The Commission considered that the agreement would promote productivity and efficiency in the sector by providing clarity and certainty in employment conditions. Therefore, the Commission approved the agreement under section 235 of the Fair Work Act.

The Fair Work Commission approved the Victorian Early Childhood Agreement 2016, determining that it met the criteria for approval under the Fair Work Act. The Commission found that the agreement would contribute to a fair and efficient workplace relations system and was in the public interest. The agreement was approved to regulate the employment conditions of early childhood educators in Victoria.

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