DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/3599)

ROZELLE CHILD CARE CENTRE LTD EMPLOYEE COLLECTIVE AGREEMENT 2018

Children’s services
COMMISSIONER GREGORY	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the Rozelle Child Care Centre Ltd Employee Collective Agreement 2018.

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

[2] The Employer 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 lodged contained an error at Clause 30.2. On 13 February 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval for the Rozelle Child Care Centre Ltd Employee Collective Agreement 2018 in the Fair Work Commission. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the process for approving such agreements and the involvement of relevant stakeholders.

The legal issues before the court were whether the agreement was appropriately negotiated, the process for approval was correctly followed, and whether the agreement adhered to the statutory provisions regarding fair work agreements. Specifically, the union needed to demonstrate that the agreement was made in good faith and that all necessary parties were involved in the negotiation process.

The Fair Work Commission considered the negotiation process and found that it was conducted in good faith and in accordance with the statutory requirements. The court also found that all necessary parties were involved and that the agreement was made following the correct procedural steps. The commission concluded that the Rozelle Child Care Centre Ltd Employee Collective Agreement 2018 complied with the Fair Work Act 2009 and approved the agreement.

The final orders of the commission were that the agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This ruling ensures that the terms of the agreement will be legally binding on both the employer and the employees covered by the agreement.

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