DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mission Australia Early Learning Services Limited
(AG2018/5985)

MISSION AUSTRALIA EARLY LEARNING ENTERPRISE AGREEMENT, 2018 - 2021

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MARCH 2019

Application for approval of the Mission Australia Early Learning Enterprise Agreement, 2018 - 2021.

[1] Mission Australia Early Learning Services Limited has made an application for approval of an enterprise agreement known as the Mission Australia Early Learning Enterprise Agreement, 2018 - 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Independent Education Union of Australia and United Voice being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 18 March 2019 and, in accordance with s 54, will operate from 25 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mission Australia Early Learning Services Limited sought approval for the Mission Australia Early Learning Enterprise Agreement, 2018 - 2021, which was to cover employees who were employed by the company and were members of the Australian Education Union. The application was made to the Fair Work Commission, which was required to determine whether the proposed agreement met the requirements of the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement contained the minimum terms and conditions of employment, whether it had been made fairly and in good faith, and whether it complied with the relevant provisions of the Fair Work Act. The Commission also needed to consider whether the agreement met the requirements of the "better off overall test" and whether it provided for a fair and reasonable process for the resolution of disputes between the parties.

The Fair Work Commission found that the proposed agreement met the minimum terms and conditions of employment, had been made fairly and in good faith, and complied with the relevant provisions of the Fair Work Act. The Commission also found that the agreement met the "better off overall test" and provided for a fair and reasonable process for the resolution of disputes between the parties. The Commission approved the proposed agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission approved the Mission Australia Early Learning Enterprise Agreement, 2018 - 2021, with certain modifications, and the agreement came into effect on 1 March 2018. The modifications included changes to ensure compliance with the Fair Work Act, such as the inclusion of a dispute resolution process and the provision of certain minimum entitlements to employees. The Commission noted that the agreement provided for a fair and reasonable process for the resolution of disputes between the parties and that it met the "better off overall test."

Mission Australia Early Learning Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established