Highgate Early Learning Centre Inc.

[2022] FWCA 3789

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Highgate Early Learning Centre Inc.

(AG2022/4323)

Highgate Early Learning Centre Enterprise Agreement 2022

Children’s services
DEPUTY PRESIDENT BEAUMONT	PERTH, 27 OCTOBER 2022

Application for approval of the Highgate Early Learning Centre Enterprise Agreement 2022

Highgate Early Learning Centre Inc. has made an application for the approval of an enterprise agreement known as the Highgate Early Learning Centre Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 27 October 2022 and, in accordance with s 54, will operate from 3 November 2022. The nominal expiry date of the Agreement is 27 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Highgate Early Learning Centre Inc. seeking approval for the Highgate Early Learning Centre Enterprise Agreement 2022. The application for approval was made to the Fair Work Commission, which was tasked with determining whether the agreement should be certified as a registered enterprise agreement. This certification is crucial as it allows the agreement to be enforceable and exempt from certain unfair dismissal provisions in the Fair Work Act 2009.

The central legal issues revolved around whether the agreement met the requirements for certification under section 231 of the Fair Work Act. Specifically, the court had to consider whether the agreement was in writing, whether it covered a group of employees, whether the agreement had been made without coercion or undue influence, and whether it provided for a method for resolving any disputes arising from the agreement. Additionally, the court needed to determine if the agreement complied with the good faith bargaining requirement and whether it adhered to the relevant provisions of the National Employment Standards.

In reaching its decision, the Commission examined the process by which the agreement was negotiated and whether it complied with the procedural fairness standards. The Commission found that the agreement had been negotiated in good faith and that the process was transparent and fair. The agreement was deemed to cover a defined group of employees and provided adequate mechanisms for dispute resolution. Furthermore, the agreement was comprehensive and covered all necessary terms and conditions of employment. The Commission concluded that the agreement met all statutory requirements for certification and approved the application for the Highgate Early Learning Centre Enterprise Agreement 2022.

As a result of the court's decision, the Highgate Early Learning Centre Enterprise Agreement 2022 was certified and registered as a lawful enterprise agreement. This certification ensures that the agreement is enforceable and exempt from certain unfair dismissal provisions, providing stability and clarity for both the employer and employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established