DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maryland Care and Early Education Centre INC T/A Maryland Care and Early Education Centre
(AG2019/1228)

MARYLAND CARE AND EARLY EDUCATION CENTRE INC. TEACHER’S AGREEMENT 2019

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 3 JUNE 2019

Application for approval of the Maryland Care and Early Education Centre Inc. Teacher’s Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Maryland Care and Early Education Centre Inc. Teacher’s Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Maryland Care and Early Education Centre INC T/A Maryland Care and Early Education Centre.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Maryland Care and Early Education Centre Inc. brought an application to the Fair Work Commission for approval of the Maryland Care and Early Education Centre Inc. Teacher’s Agreement 2019. The application was brought under the Fair Work Act 2009 and the Education Services (Teachers) Agreement (Common Provisions) Award 2014. The respondent, the Australian Education Union, did not oppose the application. The matter was heard by Deputy President K B Rice.

The legal issue before the Deputy President was whether the provisions of the agreement, which were intended to be binding on employees, were consistent with the provisions of the Award and the Act. The Deputy President noted that the agreement contained provisions that were not in the Award, including provisions relating to redundancy payments and a clause allowing for the agreement to be terminated by the employer by giving two months’ written notice. The Deputy President found that these provisions were not inconsistent with the Award or the Act, and therefore approved the agreement.

The Deputy President concluded that the provisions of the agreement were not inconsistent with the provisions of the Award or the Act. The Deputy President approved the agreement and registered it as a registered agreement under the Act. The agreement is now binding on the parties and any employees covered by the agreement.

The orders made by the Deputy President were that the agreement be approved and registered as a registered agreement under the Act. The Deputy President also ordered that the agreement be published on the Fair Work Commission’s website.

Maryland Care and Early Education Centre INC T/A Maryland Care and Early Education Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established