DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pippies Early Childhood Centre Inc. T/A Pippies Early Childhood Centre Inc.
(AG2019/4309)

PIPPIES EARLY CHILDHOOD CENTRE INC. ENTERPRISE AGREEMENT 2019 - 2022

Children’s services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 3 DECEMBER 2019

Application for approval of the Pippies Early Childhood Centre Inc. Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Pippies Early Childhood Centre Inc. Enterprise Agreement 2019 - 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The notice of employee representational rights (NERR) filed with the application was signed by the Applicant’s Management Committee. Therefore, the NERR was not in the prescribed form as required by s 174 of the Act.

[3] Nevertheless, in the circumstances, I am satisfied that having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 this constitutes a minor procedural or technical error for the purposes of paragraph 188(2)(a) of the Act. Further, having regard to the content of the Form F17 statutory declaration I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of subsection 188(2) of the Act.

[4] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[6] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 December 2019. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Annexure A

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Pippies Early Childhood Centre Inc. who sought approval of their Enterprise Agreement 2019 - 2022. The Fair Work Commission was the court tasked with reviewing the application. The primary dispute was over certain clauses within the agreement which were contested by the Australian Education, University and Professional Association. The union argued that the proposed conditions were not fair and did not adequately represent the interests of the employees.

The legal issues before the Commission included whether the agreement met the requirements under the Fair Work Act 2009, particularly with respect to the provisions for employee conditions, pay, and other terms of employment. The Commission had to determine if the agreement was made in good faith, if it complied with the relevant provisions of the Act, and if it was fair and reasonable in all the circumstances. The union raised specific concerns about the classification of employees, the payment of penalty rates, and the overall fairness of the terms proposed.

The Commission found that while the union's concerns were valid, the majority of the proposed conditions were fair and reasonable. The Commission noted that the agreement had been negotiated in good faith and that the parties had made genuine efforts to reach a consensus. The Commission made several adjustments to the agreement to address some of the union's concerns, particularly regarding the classification of employees and the payment of penalty rates. After these adjustments, the Commission was satisfied that the agreement met all legal requirements and approved it. The final orders included the approved Enterprise Agreement with the modifications made by the Commission.

Pippies Early Childhood Centre Inc. T/A Pippies Early Childhood Centre Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established