Mission Australia Early Learning Services

[2013] FWCA 4992

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mission Australia Early Learning Services
(AG2013/1607)

MISSION AUSTRALIA EARLY LEARNING SERVICES ENTERPRISE AGREEMENT, 2013 - 2016

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 23 JULY 2013

Application for approval of the Mission Australia Early Learning Services Enterprise Agreement, 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mission Australia Early Learning Services Enterprise Agreement, 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mission Australia Early Learning Services. 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] United Voice and the Independent Education Union of Australia NSW/ACT Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mission Australia Early Learning Services was the subject of an application for the approval of the Enterprise Agreement, 2013-2016, which was heard before the Fair Work Commission. The application was brought by Mission Australia Early Learning Services, and the dispute involved whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining the validity and fairness of the proposed terms and conditions set out in the enterprise agreement.

The central legal issues before the Commission were whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. This involved assessing whether the agreement was genuinely bargained, whether it included minimum entitlements as prescribed by the Act, and whether it adhered to procedural fairness. The Commission also needed to consider the implications of the agreement on employees, including its impact on their working conditions and any potential detriment it might cause.

The Fair Work Commission found that the enterprise agreement complied with all the necessary requirements. It was determined that the agreement was genuinely negotiated and that it incorporated the minimum entitlements stipulated by the Fair Work Act 2009. The Commission also concluded that the agreement did not cause any undue detriment to the employees and was procedurally fair. Consequently, the application for approval of the enterprise agreement was successful. The Commission certified the agreement, making it legally binding between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established