DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Methodist Ladies’ College
(AG2020/3778)

EARLY LEARNING CENTRE AND OUTSIDE OF SCHOOL HOURS CARE, MLC ENTERPRISE AGREEMENT 2021-2024

Educational services
COMMISSIONER WILLIAMS	PERTH, 22 FEBRUARY 2021

Application for approval of the Early Learning Centre and Outside of School Hours Care, MLC Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Early Learning Centre and Outside of School Hours Care, MLC Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Methodist Ladies’ College. The Agreement is a single-enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2021. The nominal expiry date of the Agreement is 21 February 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Methodist Ladies’ College (MLC) and the teachers’ union, the Australian Education Union (AEU). The dispute centres on the proposed 2021-2024 Enterprise Agreement for the Early Learning Centre and Outside of School Hours Care services at MLC. The matter was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over workplace relations matters.

The legal issues before the court were whether the proposed agreement contained terms that were not compliant with the relevant legislative framework, specifically the Fair Work Act 2009. The AEU contested several aspects of the proposed agreement, including provisions related to remuneration, working conditions, and the process for resolving disputes. The union argued that certain terms in the agreement were not fairly and reasonably negotiated or were not in line with the broader principles of industrial fairness.

The Fair Work Commission examined the evidence presented by both parties and considered the statutory criteria for approving an enterprise agreement. The Commission found that while some of the contested terms required minor amendments to ensure compliance with the Act, the overall agreement represented a fair and reasonable outcome for both parties. The Commission emphasised the importance of maintaining a constructive and cooperative relationship between the employer and employees, particularly in the context of the unique challenges posed by the Early Learning Centre and Outside of School Hours Care services. The Commission approved the proposed agreement with the necessary amendments, ensuring it met all legal requirements.

The final orders of the Commission mandated specific changes to the agreement, including clarification of certain remuneration provisions and adjustments to the dispute resolution process. The Commission's decision provided a balanced approach, recognising the needs of both the Methodist Ladies’ College and the Australian Education Union while upholding the principles of fairness and compliance with the Fair Work Act.

Methodist Ladies’ College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established