DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/2923)

HAMILTON CHILD CARE CENTRE INC. TEACHERS EARLY CHILDHOOD SERVICES AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	BRISBANE, 30 JUNE 2015

Application for approval of the Hamilton Child Care Centre Inc. Teachers Early Childhood Services Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hamilton Child Care Centre Inc. Teachers Early Childhood Services Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia. The agreement is a single enterprise agreement.

[2] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 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 7 July 2015. The nominal expiry date of the Agreement is 1 September 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Independent Education Union of Australia to approve the Hamilton Child Care Centre Inc. Teachers Early Childhood Services Agreement 2015. The dispute centred on the terms and conditions of employment for teachers within the early childhood services sector. The Fair Work Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues addressed by the Commission included whether the agreement covered all employees within its scope, whether it provided for a safety net of minimum entitlements, and whether it contained appropriate mechanisms for resolving disputes. The Commission had to determine if the agreement was fair and balanced, and if it provided for a reasonable process for resolving workplace issues. The Commission also examined whether the agreement contained provisions that were contrary to public policy or that might undermine the operation of the Fair Work Act.

The Commission found that the agreement was comprehensive and provided for a safety net of minimum entitlements that met the legislative requirements. The agreement was deemed to cover all employees within its scope, and the Commission was satisfied that it contained appropriate mechanisms for resolving disputes. The Commission concluded that the agreement was fair and balanced, and it approved the agreement under section 234 of the Fair Work Act 2009. The Commission determined that the agreement did not contain any provisions that were contrary to public policy or that might undermine the operation of the Fair Work Act.

The Fair Work Commission approved the Hamilton Child Care Centre Inc. Teachers Early Childhood Services Agreement 2015, effective from 1 July 2015. The agreement will apply to all teachers employed by the Centre, and it will provide for a safety net of minimum entitlements, as well as a process for resolving workplace issues. The approval of the agreement will provide certainty and stability for both employers and employees within the early childhood services sector.

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