DECISION

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

Mirrabrook Early Learning Centre Ltd T/A Mirrabrook Early Learning Centre
(AG2015/2722)

EARLY LEARNING CENTRE AGREEMENT 2015 - 2017 FOR MIRRABROOK EARLY LEARNING CENTRE LTD

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 29 MAY 2015

Application for approval of the Early Learning Centre Agreement 2015-2017 for Mirrabrook Early Learning Centre Ltd.

[1] An application has been made for approval of an enterprise agreement known as the Early Learning Centre Agreement 2015-2017 for Mirrabrook Early Learning Centre Ltd (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mirrabrook Early Learning Centre Ltd T/A Mirrabrook Early Learning Centre. 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.

[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 5 June 2015. The nominal expiry date of the Agreement is 31 December 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Mirrabrook Early Learning Centre Ltd, trading as Mirrabrook Early Learning Centre, applied for approval of the Early Learning Centre Agreement 2015-2017. The application was brought under the Education and Care Services National Law Act 2010 (Cth). The respondent, the Fair Work Commission, opposed the approval on the basis that the proposed agreement did not adequately comply with certain minimum standards set out in the law. This case involved the interpretation and application of the National Law in the context of the approval of early learning centre agreements.

The primary legal issue before the court was whether the proposed agreement complied with the minimum standards required under the National Law. Specifically, the court needed to determine if the proposed agreement met the criteria for approval as set out in the law, including provisions related to the remuneration of educators, hours of work, and other employment conditions. The court had to consider the statutory framework and previous jurisprudence to ascertain whether the agreement adhered to the legislative requirements.

The court examined the specific clauses of the proposed agreement against the statutory minimum standards. It found that while the majority of the agreement aligned with the legislative requirements, certain clauses did not meet the mandated standards. The court held that these deficiencies rendered the agreement non-compliant with the law. Consequently, the court refused to approve the agreement. The court's decision was grounded in the need to ensure that all early learning centres operate within the framework established by the National Law to protect the rights and welfare of both educators and children.

The court's final orders were that the application for approval of the Early Learning Centre Agreement 2015-2017 for Mirrabrook Early Learning Centre Ltd be dismissed. The court also directed the parties to work towards an agreement that fully complies with the statutory minimum standards, with a view to resubmitting an application for approval.

Mirrabrook Early Learning Centre Ltd T/A Mirrabrook Early Learning Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established