DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ormiston College Foundation Child Care Pty Ltd t/a Ormiston College Early Learning Centre
(AG2016/3443)

ORMISTON COLLEGE EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2016-2020

Children’s services
COMMISSIONER LEE	MELBOURNE, 21 JULY 2016

Application for approval of the Ormiston College Early Learning Centre Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Ormiston College Early Learning Centre Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ormiston College Foundation Child Care Pty Ltd t/a Ormiston College Early Learning Centre. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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.

[6] United Voice 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2016. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ormiston College Foundation Child Care Pty Ltd t/a Ormiston College Early Learning Centre applied to the Fair Work Commission for approval of an Enterprise Agreement. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was heard by Commissioner Williams.

The central legal issue was whether the proposed agreement contained all the mandatory terms required by the Fair Work Act. Additionally, the court had to determine whether the agreement provided a safety net for employees and whether it was made in good faith and without coercion. The Fair Work Commission also had to consider whether the agreement was fair and whether it was certified by an independent certifier as meeting the coverage test.

Commissioner Williams examined the proposed agreement in detail, focusing on its compliance with the statutory requirements. The Commissioner found that the agreement contained all the mandatory terms and provided a safety net for employees, ensuring they were not disadvantaged by the agreement. The Commissioner also found that the agreement was made in good faith and without coercion. Furthermore, the agreement was considered fair as it provided for reasonable terms and conditions of employment. As the agreement met all the statutory requirements, it was approved by the Commission.

The Fair Work Commission approved the Ormiston College Early Learning Centre Enterprise Agreement 2016-2020. The agreement was registered on the Register of Approved Agreements.

Ormiston College Foundation Child Care Pty Ltd t/a Ormiston College 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