DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Maitland Preschool Association Inc
(AG2017/6056)

EAST MAITLAND PRESCHOOL ASSOCIATION INC. CHILD-CARE EMPLOYEES COLLECTIVE AGREEMENT 2017

Children's services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 MAY 2018

Application for approval of the East Maitland Preschool Association Inc. Child-Care Employees Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the East Maitland Preschool Association Inc. Child-Care Employees Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by East Maitland Preschool Association 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 lodged contained an error in the index page. On 22 May 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement was approved on 28 May 2018 and, in accordance with s.54, will operate from 4 June 2018. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the East Maitland Preschool Association Inc. sought approval for the Child-Care Employees Collective Agreement 2017. The dispute arose from negotiations between the Association, representing employers in the child-care sector, and the relevant union, representing employees. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, and if it met the requirements for coverage, negotiation, and dispute resolution as stipulated by the Act.

The Commission examined the proposed agreement in detail, considering the provisions related to wages, hours of work, leave entitlements, and other employment conditions. The analysis focused on whether the terms were fair and reasonable, taking into account the economic and social context of the child-care industry. The Commission also assessed whether the agreement adequately provided for the negotiation and resolution of disputes, ensuring it complied with statutory requirements. After thorough deliberation, the Commission determined that the agreement was fair and reasonable and met all statutory criteria for approval.

Consequently, the Commission approved the Child-Care Employees Collective Agreement 2017, acknowledging its alignment with the legislative framework and its potential to foster fair employment practices within the child-care sector. The decision provided clarity for both employers and employees, ensuring the agreement would operate as intended under the Fair Work Act. The final orders reflected the Commission's approval, mandating that the agreement be recognised and enforced as a valid and binding instrument for the specified period.

East Maitland Preschool Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established