DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pippies Early Childhood Centre Inc. t/a Pippies Early Childhood Centre
(AG2016/3920)

PIPPIES EARLY CHILDHOOD CENTRE INC. ENTERPRISE AGREEMENT 2016 - 2019

Children’s services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 SEPTEMBER 2016

Application for approval of the Pippies Early Childhood Centre Inc. Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pippies Early Childhood Centre Inc. Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pippies Early Childhood Centre Inc. t/a Pippies Early Childhood 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] The Agreement was approved on 2 September 2016 and, in accordance with s.54, will operate from 9 September 2016. The nominal expiry date of the Agreement is 30 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Pippies Early Childhood Centre Inc. t/a Pippies Early Childhood Centre, which applied for approval of its Enterprise Agreement 2016 - 2019. The nature of the dispute was to ensure the terms and conditions of employment under the proposed agreement met the requirements of the Fair Work Act 2009, particularly regarding the protection of employees’ rights and entitlements.

The legal issues the court needed to determine included whether the proposed agreement fairly reflected the terms and conditions of employment for the employees, including matters such as pay rates, leave provisions, and other employment conditions. It was also necessary to assess whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009, ensuring that it did not disadvantage employees unfairly.

The court reviewed the proposed agreement thoroughly, examining each clause to ensure it met the statutory requirements and provided fair terms for the employees. The Commission found that the agreement generally met the necessary standards, although it made several modifications to ensure compliance with the law. The primary changes included adjustments to ensure clarity in certain clauses and to better protect employee entitlements. The Commission ultimately approved the agreement with these modifications, ensuring it was fair and compliant with the relevant legislation.

The final orders included the approval of the Enterprise Agreement 2016 - 2019, subject to the modifications made by the Fair Work Commission. These modifications addressed specific concerns related to the clarity and fairness of the agreement, ensuring it met all statutory requirements and provided adequate protection for the employees.

Pippies Early Childhood Centre Inc. t/a Pippies Early Childhood Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established