Goodstart Early Learning Limited

In the Fair Work Commission, Goodstart Early Learning Limited sought approval for a new enterprise agreement. The primary dispute concerned whether certain provisions of the agreement, particularly those relating to termination payments, were consistent with the National Employment Standards (NES). The Commission was tasked with determining if the agreement was fair and whether it complied with the NES.

The key legal issue was whether there was an apparent tension between a specific provision of the agreement and the NES, which would necessitate the approval of undertakings. Specifically, the concern was whether the absence of annual leave loading on payments made upon termination contravened the NES. The Commission considered the statutory provision in section 90 and whether the agreement was in contravention of the NES.

After thorough examination, the Commission concluded that it was not presently convinced that the provision was in contravention of the NES. Therefore, it did not require the parties to provide undertakings. The Commission approved the agreement, noting that while there were some concerns, they did not rise to the level of requiring additional assurances under section 90.

The Fair Work Commission approved the enterprise agreement as presented, without the need for any undertakings, and with the understanding that further review may be necessary if the interpretation of the NES changes.