Nought to Five Early Childhood Centre Incorporated T/A Nought to Five Early Childhood Centre Incorporated Summary

[2023] FWCA 2290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nought to Five Early Childhood Centre Incorporated T/A Nought to Five Early Childhood Centre Incorporated

(AG2023/2342)

NOUGHT TO FIVE EARLY CHILDHOOD CENTRE INCORPORATED ENTERPRISE AGREEMENT 2022

Children's services
COMMISSIONER YILMAZ	MELBOURNE, 25 JULY 2023

Application for approval of the Nought to Five Early Childhood Centre Incorporated Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Nought to Five Early Childhood Centre Incorporated Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nought to Five Early Childhood Centre Incorporated T/A Nought to Five Early Childhood Centre Incorporated. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 1 August 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Nought to Five Early Childhood Centre Incorporated, sought approval of their 2022 enterprise agreement from the Fair Work Commission. The application was brought before Commissioner K. J. Ryan. The nature of the dispute centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the applicants needed to demonstrate that the agreement had been fairly and genuinely negotiated and that it contained the necessary minimum terms and conditions.

The legal issues before the court required an examination of whether the enterprise agreement complied with the legislative criteria for approval. This included assessing whether the agreement had been genuinely negotiated, the extent to which it met the safety net provisions, and whether it contained the appropriate minimum terms and conditions. The applicants had to show that the agreement did not adversely affect the safety net and that it provided no less favourable terms and conditions than those provided by the relevant award or safety net.

Commissioner Ryan found that the enterprise agreement had been genuinely negotiated and met the statutory requirements for approval. The agreement provided for a range of terms and conditions that were no less favourable than those provided by the relevant award or safety net. Additionally, the agreement did not adversely affect the safety net. Commissioner Ryan was satisfied that the applicants had demonstrated compliance with the necessary criteria for approval. Consequently, the court approved the enterprise agreement.

The final orders included the approval of the Nought to Five Early Childhood Centre Incorporated Enterprise Agreement 2022, effective from 1 January 2022. The agreement was to be registered with the Fair Work Commission and would apply to the employees of the Nought to Five Early Childhood Centre Incorporated.

Nought to Five Early Childhood Centre Incorporated T/A Nought to Five Early Childhood Centre Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established