DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mawson Lakes Park Way Child Care Centre Incorporated
(AG2019/3775)

SA UNITED VOICE - MAWSON LAKES PARK WAY CHILD CARE CENTRE INCORPORATED COLLECTIVE AGREEMENT 2018

Children’s services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 NOVEMBER 2019

Application for approval of the SA United Voice - Mawson Lakes Park Way Child Care Centre Incorporated Collective Agreement 2018.

[1] Mawson Lakes Park Way Child Care Centre Incorporated has applied for approval of a single enterprise agreement known as the SA United Voice - Mawson Lakes Park Way Child Care Centre Incorporated Collective Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct an error in the original application, which was explained as typographical in nature, by filing an amended application. In the circumstances, I am satisfied that this correction should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] Noting clause 1.9.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.

[7] The United Worker’s Union (formally United Voice), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[8] The Agreement was approved on 26 November 2019 and, in accordance with s.54, will operate from 3 December 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mawson Lakes Park Way Child Care Centre Incorporated applied to the Fair Work Commission for the approval of a collective agreement. The application was brought before the Commission by the Commission's delegate. The applicant is an incorporated association and the employer of early childhood educators and assistants at the Mawson Lakes Park Way Child Care Centre. The respondent is the SA United Voice, a trade union representing the applicant's employees. The dispute concerned the approval of a collective agreement between the applicant and the union, which had been negotiated by the parties.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission had to consider if the agreement contained the necessary good faith bargaining provisions, whether it was fair and reasonable, and if it complied with other legislative requirements. The applicant argued that the agreement was the product of genuine negotiations and was fair and reasonable for the employees and the employer. The union supported the application, stating that the agreement was negotiated in good faith and represented the interests of the employees.

The Commission found that the collective agreement was the product of good faith bargaining and contained the necessary provisions as required by the Fair Work Act. It was also fair and reasonable in all its terms, taking into account the specific circumstances of the parties and the industry. The Commission considered that the agreement provided appropriate protections for employees and did not impose undue hardship on the employer. Consequently, the Commission approved the collective agreement under the Fair Work Act.

The Commission approved the SA United Voice - Mawson Lakes Park Way Child Care Centre Incorporated Collective Agreement 2018, confirming its compliance with the statutory requirements. The agreement was to be registered and would apply to the employees of the applicant from the date of registration. The Commission's decision was based on the evidence presented, which demonstrated that the agreement was the result of genuine negotiations and was fair and reasonable in all its terms.

Mawson Lakes Park Way Child Care Centre Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established