DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leederville Early Childhood Centre Inc
(AG2015/5463)

LEEDERVILLE EARLY CHILDHOOD CENTRE INC. ENTERPRISE AGREEMENT 2015

Educational services
DEPUTY PRESIDENT KOVACIC	BRISBANE, 7 OCTOBER 2015

Application for approval of the Leederville Early Childhood Centre Inc. Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Leederville Early Childhood Centre Inc. Enterprise 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 Leederville Early Childhood Centre Inc. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Leederville Early Childhood Centre Inc. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2015. The nominal expiry date of the Agreement is 30 June 2019.

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ANNEXURE A

CaseChat Overview and Summary

The case involves Leederville Early Childhood Centre Inc, which sought approval for its Enterprise Agreement 2015. The application was heard in the Fair Work Commission. The primary dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the process by which it was made and the extent to which it complied with the statutory provisions governing enterprise agreements.

The court was required to determine if the agreement was genuinely negotiated and if it adhered to the procedural and substantive requirements set out in the Fair Work Act. This included examining whether the agreement was made in good faith, whether it covered the appropriate bargaining unit, and if it provided for minimum terms and conditions as stipulated by the Act. Additionally, the court considered if there was adequate representation of the employees during the negotiation process.

The Fair Work Commission found that the Leederville Early Childhood Centre Inc. had complied with the statutory requirements for making the Enterprise Agreement 2015. The Commission noted that the agreement was negotiated in good faith, covered the appropriate bargaining unit, and contained all the necessary minimum terms and conditions. The process for making the agreement was also deemed to be procedurally sound, with evidence of adequate employee representation. Consequently, the application for approval was granted, and the agreement was certified as meeting the legal standards under the Fair Work Act.

As a result of the Commission's decision, the Leederville Early Childhood Centre Inc. Enterprise Agreement 2015 was approved and registered. This means that the terms of the agreement will now apply to the employees covered by the agreement, providing them with the minimum entitlements as well as any additional benefits negotiated by the parties.

Leederville Early Childhood Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established