DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mirambeena Children's Centre Association (Toowoomba) Inc
(AG2020/361)

MIRAMBEENA CHILDREN'S CENTRE EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER SIMPSON	BRISBANE, 18 MARCH 2020

Application for approval of the Mirambeena Children's Centre Early Childhood Education Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mirambeena Children's Centre Early Childhood Education Enterprise Agreement 2019 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mirambeena Children's Centre Association (Toowoomba) Inc (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Independent Education Union (IEU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the IEU wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Mirambeena Children's Centre Association (Toowoomba) Inc, the Fair Work Commission was asked to approve the Mirambeena Children's Centre Early Childhood Education Enterprise Agreement 2019. The association is an employer in the early childhood education sector, and the dispute centred on whether the proposed agreement met the necessary legal standards for approval. The application was brought by the association, and the Fair Work Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009.

The central legal issue for the Commission to consider was whether the proposed agreement was a "single, integrated and coherent document" that complied with the formal requirements of the Fair Work Act. The Commission had to examine the agreement's content and structure to determine whether it was a single, integrated and coherent document, and whether it complied with the various legislative requirements. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission found that the agreement met the necessary legal standards for approval. The agreement was a single, integrated and coherent document that complied with the formal requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement, and that it was in the best interests of the employees. The Commission approved the Mirambeena Children's Centre Early Childhood Education Enterprise Agreement 2019, and the association is now able to implement the agreement.

Mirambeena Children's Centre Association (Toowoomba) Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established