DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Learning Services Australia Pty. Ltd. T/A Cherry Bridge Station Early Learning and Childcare Centres
(AG2016/7426)

STATIONBRIDGE GROUP AUSTRALIA ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 24 FEBRUARY 2017

Application for approval of the STATIONBRIDGE Group Australia Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the STATIONBRIDGE Group Australia Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Learning Services Australia Pty. Ltd. T/A Cherry Bridge Station Early Learning and Childcare Centres. 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 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Independent Education Union of Australia and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2017. The nominal expiry date of the Agreement is 15 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Learning Services Australia Pty. Ltd. trading as Cherry Bridge Station Early Learning and Childcare Centres, the Federal Circuit and Family Court of Australia was presented with an application for the approval of the STATIONBRIDGE Group Australia Enterprise Agreement 2016. The applicant, Learning Services Australia Pty. Ltd., sought to have the enterprise agreement approved under section 234 of the Fair Work Act 2009. The agreement in question aimed to establish the terms and conditions of employment for certain employees within the early learning and childcare centres operated by the respondent.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements for approval as a "single interest" enterprise agreement. Specifically, the court had to determine if the agreement covered employees who shared a common employer, and if the agreement was made in good faith and without coercion. The applicant argued that the agreement was representative of the employees' interests and complied with all necessary statutory provisions. The respondent, on the other hand, did not contest the agreement's content but raised procedural concerns regarding the manner in which the agreement was formed.

The court examined the evidence provided by the applicant, including the process by which the agreement was negotiated and the nature of the relationship between the parties. The court found that the agreement was indeed representative of the employees' interests and was made in good faith. The process of negotiation was deemed to be free from coercion, and the agreement met the criteria for a "single interest" enterprise agreement as stipulated by the Fair Work Act 2009. Consequently, the court approved the enterprise agreement under section 234 of the Act.

The court's decision was that the STATIONBRIDGE Group Australia Enterprise Agreement 2016 was valid and should be approved. The court's ruling provided clarity and certainty for the parties involved, ensuring that the agreement would govern the employment terms of the specified employees.

Learning Services Australia Pty. Ltd. T/A Cherry Bridge Station Early Learning and Childcare Centres

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established