DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/935)

ABBOTSFORD LONG DAY CARE CENTRE EMPLOYEE ENTERPRISE AGREEMENT 2018

Children’s services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 30 APRIL 2019

Application for approval of the Abbotsford Long Day Care Centre Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Abbotsford Long Day Care Centre Employee Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Independent Education Union of Australia (IEUA). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The IEUA 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, the Independent Education Union of Australia sought approval of the Abbotsford Long Day Care Centre Employee Enterprise Agreement 2018. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues before the Commission involved assessing whether the agreement contained the minimum required provisions, was free from prohibited content, and was made in accordance with the relevant procedural requirements.

The Commission found that the agreement contained all the necessary minimum provisions as outlined in the Fair Work Act, including provisions for minimum wages, penalty rates, maximum weekly hours, and annual leave. The agreement also included provisions for shift rosters, rest breaks, and provisions for flexible working arrangements. The Commission further found that the agreement did not contain any prohibited content and that it was made in accordance with the procedural requirements set out in the Fair Work Regulations. The Commission also considered the views of the employees and found that the majority of employees who voted in the ballot supported the agreement.

Following this assessment, the Fair Work Commission approved the Abbotsford Long Day Care Centre Employee Enterprise Agreement 2018. The approval is effective from the date of the Commission's decision and will apply to all employees covered by the agreement. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The decision of the Fair Work Commission is final and binding on all parties involved.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established