DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maryland Child Care Centre Inc T/A Maryland Care & Early Education Centre Inc
(AG2016/776)

MARYLAND CARE AND EARLY CENTRE INC TEACHERS’ EARLY CHILDHOOD SERVICES AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 20 APRIL 2016

Application for approval of the Maryland Care and Early Centre Inc Teachers’ Early Childhood Services Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Maryland Care and Early Centre Inc Teachers’ Early Childhood Services 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 Maryland Child Care Centre Inc T/A Maryland Care & Early Education Centre Inc. The Agreement is a single enterprise agreement.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 20 April 2016 and, in accordance with s.54, will operate from 27 April 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Maryland Child Care Centre Inc T/A Maryland Care & Early Education Centre Inc sought approval for the Teachers’ Early Childhood Services Agreement 2016. The application was brought before the Fair Work Commission. The dispute centred around whether the proposed agreement was in the best interests of the employees, as it related to their pay and conditions.

The legal issues the court needed to address were whether the agreement met the requirements of the Fair Work Act 2009, particularly regarding its fairness and suitability for the employees. The court had to consider the terms and conditions of the agreement, including the pay rates, working hours, and other employment conditions, and assess whether these provisions were fair and reasonable. The court also had to determine if the agreement provided for proper consultation and representation of the employees' interests.

The Fair Work Commission found that the agreement was fair and reasonable, taking into account the terms and conditions, as well as the consultation process. The court held that the agreement provided for adequate pay rates, working hours, and other employment conditions that were suitable for the employees. Furthermore, the court was satisfied that proper consultation and representation had occurred during the agreement's development. Therefore, the application was approved.

The Commission approved the Teachers’ Early Childhood Services Agreement 2016, and the decision was registered by the Fair Work Commission.

Maryland Child Care Centre Inc T/A Maryland Care & Early Education 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