DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hastings Early Intervention Program Incorporated T/A Early Connections - Port Macquarie/Hastings
(AG2017/6566)

EARLY CONNECTIONS - PORT MACQUARIE/HASTINGS ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER WILSON	MELBOURNE, 28 MARCH 2018

Application for approval of the Early Connections - Port Macquarie/Hastings Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Early Connections - Port Macquarie/Hastings Enterprise 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 Hastings Early Intervention Program Incorporated T/A Early Connections - Port Macquarie/Hastings. 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 Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2018. The nominal expiry date of the Agreement is 27 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the case were Hastings Early Intervention Program Incorporated trading as Early Connections - Port Macquarie/Hastings and its employees represented by the Australian Services Union NSW Branch. The dispute was an application to the Fair Work Commission for approval of the Early Connections - Port Macquarie/Hastings Enterprise Agreement 2017. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, specifically section 234, which mandates that an enterprise agreement be approved if it has been registered and no party to the agreement objects to its approval.

The key legal issues before the Commission were whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the Commission had to consider whether the agreement was procedurally sound, given that it was the product of a single-enterprise bargaining process. The applicants argued that the agreement was a bona fide effort to negotiate terms that were fair and reasonable, while the respondents raised concerns about the process and certain provisions of the agreement.

In delivering its decision, the Fair Work Commission emphasised that the agreement was the result of genuine negotiations and contained all the required minimum terms and conditions. The Commission found that the agreement was procedurally valid and did not contain any terms that were unfair or unreasonable. The Commission was satisfied that the agreement had been made in good faith and that it met all the legal requirements for approval. Consequently, the Commission approved the Early Connections - Port Macquarie/Hastings Enterprise Agreement 2017.

The final orders of the Fair Work Commission were that the Early Connections - Port Macquarie/Hastings Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009. This decision ensures that the agreement is legally binding on the parties and provides a framework for the employment terms and conditions of the employees covered by the agreement.

Hastings Early Intervention Program Incorporated T/A Early Connections - Port Macquarie/Hastings

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established