DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Great Lakes Children/s Centre Inc. T/A Great Lakes Children’s Centre
(AG2017/4111)

GREAT LAKES CHILDREN’S CENTRE INC. EDUCATORS COLLECTIVE AGREEMENT 2017

Children’s services
COMMISSIONER WILSON	MELBOURNE, 19 DECEMBER 2017

Application for approval of the Great Lakes Children’s Centre Inc. Educators Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Great Lakes Children’s Centre Inc. Educators Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Great Lakes Children/s Centre Inc. T/A Great Lakes Children’s Centre. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 26 December 2020..

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Great Lakes Children's Centre Inc., trading as Great Lakes Children's Centre, applied for approval of the Great Lakes Children's Centre Inc. Educators Collective Agreement 2017 before the Fair Work Commission. The application arose due to a dispute between the employer and the union regarding the terms and conditions of employment for educators within the centre. The legal issues before the Commission centred on whether the proposed collective agreement was in compliance with the relevant statutory framework and if it adhered to the principles of good faith bargaining and procedural fairness.

The Commission meticulously examined the procedural aspects of the agreement, including whether the union had followed proper negotiation processes and whether the agreement was reached through genuine bargaining. Furthermore, the Commission assessed whether the agreement contained provisions that were consistent with the Fair Work Act and whether it provided for appropriate terms and conditions for educators. In determining the outcome, the Commission considered the nature of the bargaining process, the terms of the agreement, and any potential implications for the workforce and the employer.

After thorough analysis, the Commission approved the collective agreement, finding that it was the product of genuine bargaining and was compliant with the statutory requirements. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, taking into account the needs of both the educators and the centre. The Commission's decision was based on the evidence presented and the adherence to legal standards.

The Commission's final order was the approval of the Great Lakes Children's Centre Inc. Educators Collective Agreement 2017, effective from the date of the decision. This approval signified that the agreement was to be implemented, thereby resolving the dispute between the parties.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established