Goodstart Early Learning Ltd T/A Goodstart Early Learning

[2024] FWCA 4089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Goodstart Early Learning Ltd T/A Goodstart Early Learning

(AG2024/4436)

GOODSTART EARLY LEARNING ENTERPRISE AGREEMENT 2024

Children's services
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 NOVEMBER 2024

Application for approval of the Goodstart Early Learning Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Goodstart Early Learning Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Goodstart Early Learning Ltd T/A Goodstart Early Learning. The Agreement is a single enterprise agreement.

The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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. The undertakings are taken to be a term of the Agreement.

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 Australian Education Union, Independent Education Union, and the United Workers Union being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 November 2024. The nominal expiry date of the Agreement is 30 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Goodstart Early Learning Ltd trading as Goodstart Early Learning, sought the approval of the Fair Work Commission for the Goodstart Early Learning Enterprise Agreement 2024. The dispute arose from the negotiation process and content of the proposed agreement, which aimed to govern the employment terms and conditions of Goodstart's employees. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been genuinely bargained between the parties, whether it met the "better off overall test", and if it complied with the Fair Work Act's provisions. The applicant argued that the agreement was the product of genuine negotiations and provided fair and reasonable terms for employees. The Commission needed to assess the evidence and arguments presented by both parties to make its determination.

The Fair Work Commission found that the agreement was genuinely negotiated and met the requirements of the Act. The Commission was satisfied with the evidence provided, which demonstrated that the agreement had been developed through a process of good faith bargaining. It also concluded that the agreement met the better off overall test and contained terms that were fair and reasonable for the employees. Consequently, the Commission approved the Goodstart Early Learning Enterprise Agreement 2024.

In light of the approval, the Commission made orders confirming the agreement as a registered enterprise agreement. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationship between Goodstart Early Learning and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established