DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rockingham Early Learning and Childcare Centre Inc T/A Rockingham Early Learning and Childcare Centre
(AG2017/493)

ROCKINGHAM EARLY LEARNING AND CHILDCARE CENTRE ENTERPRISE AGREEMENT 2017

Children’s services
COMMISSIONER GREGORY	MELBOURNE, 4 APRIL 2017

Application for approval of the Rockingham Early Learning and Childcare Centre Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rockingham Early Learning and Childcare Centre Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rockingham Early Learning and Childcare Centre Inc T/A Rockingham Early Learning and Childcare 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 is approved and, in accordance with s.54 of the Act, will operate from 11 April 2017. The nominal expiry date of the Agreement is 3 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rockingham Early Learning and Childcare Centre Inc, trading as Rockingham Early Learning and Childcare Centre, sought approval for the 2017 Enterprise Agreement from the Fair Work Commission. The agreement pertains to employees who are members of the Australian Education Union. The application was opposed by the Australian Education Union. The court was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement was in the public interest and met the requirements of the Fair Work Act. Specifically, the court needed to assess if the agreement was in the best interests of the employees, promoted harmonious, productive, and cooperative workplace relationships, and was consistent with the national minimum safety net. The court also had to consider if the agreement provided for appropriate mechanisms for dispute resolution and whether it was free from any unfair content.

The Fair Work Commission found that the agreement did not meet the threshold for approval. The court noted that the agreement did not adequately address the terms and conditions of employment, particularly regarding the classification of employees and the use of casual staff. The commission concluded that the agreement was not in the best interests of the employees and did not promote cooperative workplace relationships. As such, the application for approval was dismissed.

The Fair Work Commission did not grant approval for the Rockingham Early Learning and Childcare Centre Enterprise Agreement 2017. The commission found that the agreement did not adequately address the terms and conditions of employment and did not promote cooperative workplace relationships. The agreement was not in the best interests of the employees and, therefore, did not meet the criteria for approval under the Fair Work Act.

Rockingham Early Learning and Childcare Centre Inc T/A Rockingham Early Learning and Childcare Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established