Great Lakes Children’s Centre Inc. T/A Great Lakes Children’s Centre

[2023] FWCA 452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Great Lakes Children’s Centre Inc. T/A Great Lakes Children’s Centre

(AG2022/5254)

Great Lakes Children’s Centre Inc. Educator’s Collective Agreement 2023

Children’s services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 FEBRUARY 2023

Application for approval of the Great Lakes Children’s Centre Inc. Educator’s Collective Agreement 2023

An application has been made for approval of an enterprise agreement known as the Great Lakes Children’s Centre Inc. Educator’s Collective Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 February 2023. The nominal expiry date of the Agreement is 13 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by the Great Lakes Children’s Centre Inc., trading as Great Lakes Children’s Centre, for approval of its 2023 Educator’s Collective Agreement. The dispute arose as the Centre sought to formalise the terms and conditions of employment for its educators under a certified agreement, ensuring compliance with relevant industrial relations laws. The Fair Work Commission, as the body responsible for resolving workplace disputes and approving collective agreements, was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issue before the Commission was whether the proposed agreement satisfied the requirements under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for a fair and efficient bargaining process, was free from any improper conduct, and contained terms and conditions that were fair and reasonable. The Commission also needed to ensure that the agreement complied with any applicable award or registered agreement and did not undermine the rights of employees or employers.

In reaching its decision, the Fair Work Commission examined the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement was the result of good faith bargaining between the Centre and its educators, and that it contained terms and conditions that were fair and reasonable. The Commission was satisfied that the agreement complied with all relevant industrial relations laws and did not undermine the rights of either party. Accordingly, the Commission approved the Great Lakes Children’s Centre Inc. Educator’s Collective Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established