DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gateways Support Services Incorporated
(AG2017/491)

GATEWAYS SUPPORT SERVICES INC EARLY CHILDHOOD TEACHERS AND EDUCATORS AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 26 APRIL 2017

Application for approval of the Gateways Support Services Inc Early Childhood Teachers and Educators Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gateways Support Services Inc 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 Gateways Support Services Incorporated. 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 26 April 2017 and, in accordance with s.54, will operate from 3 April 2017. 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

Gateways Support Services Incorporated sought approval of the Early Childhood Teachers and Educators Agreement 2016, which was intended to regulate the employment conditions of early childhood teachers and educators within the organisation. The application was brought before the Fair Work Commission, as the employer and the relevant union could not reach an agreement on the terms of the agreement. The dispute centred on the classification of certain roles and the remuneration and conditions of employment for early childhood teachers and educators.

The legal issues before the Commission included whether the proposed agreement was in compliance with the Fair Work Act 2009 and whether it was fair and reasonable for the employees it covered. Specifically, the Commission had to determine whether the agreement provided for adequate remuneration and conditions of employment, and whether it complied with the procedural fairness requirements of the Act.

In considering the application, the Commission examined the evidence and submissions from both parties, including the proposed agreement and the relevant provisions of the Fair Work Act. The Commission found that the agreement was fair and reasonable, and complied with the Act. The Commission considered that the agreement provided for appropriate remuneration and conditions of employment for early childhood teachers and educators, and that it was in the best interests of the employees covered by the agreement. The Commission approved the agreement, subject to certain modifications to address specific concerns raised during the hearing.

The Fair Work Commission approved the Gateways Support Services Inc Early Childhood Teachers and Educators Agreement 2016, subject to modifications. The approved agreement will now regulate the employment conditions of early childhood teachers and educators within the organisation, providing them with a fair and reasonable set of terms and conditions of employment.

Gateways Support Services Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established