DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodstart Early Learning Ltd T/A Goodstart Early Learning
(AG2021/5487)

GOODSTART EARLY LEARNING ENTERPRISE AGREEMENT 2021

Children’s services
COMMISSIONER SIMPSON	BRISBANE, 5 AUGUST 2021

Application for approval of the Goodstart Early Learning Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Goodstart Early Learning Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goodstart Early Learning Ltd T/A Goodstart Early Learning (the Applicant). 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting the Undertakings provided by the Applicant, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers’ Union (UWU), the Independent Education Union of Australia (IEU) and the and the Australian Education Union (AEU) each lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[6] In accordance with s.201(2) of the Act, I note the Agreement covers the UWU, the IEU and the AEU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Goodstart Early Learning Ltd, trading as Goodstart Early Learning, applied for the approval of the Goodstart Early Learning Enterprise Agreement 2021. The agreement was designed to cover its employees, who are predominantly early childhood educators and support staff. The dispute centred on whether the terms and conditions outlined in the proposed agreement met the statutory requirements 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 for employees, including matters such as minimum rates of pay, leave entitlements, and working conditions. Additionally, the Commission had to assess if the agreement had been genuinely bargained between the employer and the representatives of the employees, and whether the process adhered to procedural fairness. Furthermore, the Commission examined if the agreement complied with the Fair Work Act's requirements, including provisions for public holidays, maximum weekly hours, and the protection of vulnerable employees.

The Commission found that the Goodstart Early Learning Enterprise Agreement 2021 was fair and reasonable, taking into account the interests of both the employees and the employer. The agreement was deemed to provide for adequate terms and conditions, including competitive wages and reasonable working hours. The Commission concluded that the agreement had been genuinely bargained and that the process adhered to procedural fairness. As a result, the Commission approved the agreement, recognising its compliance with the statutory requirements set out in the Fair Work Act.

Goodstart Early Learning Ltd T/A Goodstart Early Learning

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established