[2016] FWCA 3832

The attached document replaces the document previously issued with the above code on 15 June 2016.

By replacing the Price Code details to <Price code J, AE419355 PR581527>

On behalf of Commissioner Lee.

Dated 27 June 2016.

[2016] FWCA 3832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prospect Community Early Education and Care Incorporated
(AG2016/1089)

UNITED VOICE - PROSPECT COMMUNITY EARLY EDUCATION AND CARE INCORPORATED COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2016

Application for approval of the United Voice - Prospect Community Early Education and Care Incorporated Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice – Prospect Community Early Education and Care Incorporated Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prospect Community Early Education and Care Incorporated. The Agreement is a single enterprise agreement.

[2] 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prospect Community Early Education and Care Incorporated is the applicant seeking approval for the United Voice - Prospect Community Early Education and Care Incorporated Collective Agreement 2016. The dispute pertains to the terms and conditions of employment for early childhood educators within the organisation. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues before the commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining. The commission needed to assess whether the agreement fairly reflected the needs and interests of both the employees and the employer, while also considering the broader implications for the early childhood education sector.

The commission found that the proposed agreement was consistent with the statutory framework and embodied good faith bargaining. The agreement was deemed to provide fair and reasonable terms that were suitable for the specific circumstances of the early childhood educators. The commission also highlighted the importance of such agreements in maintaining industrial harmony and ensuring that educators were appropriately compensated and supported in their roles. The approval of the agreement was granted, reflecting its compliance with the legislative requirements and its alignment with the principles of fair work.

The final orders of the commission included the approval of the United Voice - Prospect Community Early Education and Care Incorporated Collective Agreement 2016. The agreement was to be registered under the Fair Work Act 2009, effective from the date of the decision. This decision sets a precedent for similar agreements within the early childhood education sector, emphasising the importance of fair and reasonable terms in maintaining a harmonious and productive work environment.

Prospect Community Early Education and Care Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established