DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodstart Early Learning Ltd T/A Goodstart Early Learning
(AG2016/2496)

GOODSTART EARLY LEARNING ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER JOHNS	MELBOURNE, 22 APRIL 2016

Application for approval of the Goodstart Early Learning Enterprise Agreement 2016.

[1] On 10 March 2016 Goodstart Early Learning Ltd T/A Goodstart Early Learning (Applicant) made an application for approval of the Goodstart Early Learning Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Education Union, United Voice and the Independent Education Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 29 April 2016. The nominal expiry date of the Agreement is 29 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Goodstart Early Learning Ltd T/A Goodstart Early Learning applied for the approval of the Goodstart Early Learning Enterprise Agreement 2016. The application was heard in the Fair Work Commission, an industrial tribunal with the jurisdiction to determine and approve enterprise agreements. The dispute centred around the terms and conditions of employment for employees within the early learning sector, focusing on whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues the court had to address were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the requirements for certification as a single-employer agreement. Specifically, the court examined the provisions concerning pay rates, leave entitlements, and other employment conditions to ensure they complied with the principles of procedural fairness and substantive fairness. The court also considered whether the agreement was genuinely negotiated and if it provided for a streamlined, efficient and effective workplace.

In its decision, the Fair Work Commission determined that the proposed agreement met the necessary standards for approval. The commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates and leave entitlements, which were consistent with the relevant industrial instruments. The court also concluded that the agreement was genuinely negotiated and would contribute to a streamlined, efficient and effective workplace. Therefore, the Fair Work Commission approved the Goodstart Early Learning Enterprise Agreement 2016, enabling it to be registered with the Fair Work Commission and become legally binding on the parties involved.

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