DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St Michael's College
(AG2014/10888)

ST MICHAEL'S COLLEGE EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 19 JANUARY 2015

Application for approval of the St Michael's College Early Learning Centre Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the St Michael's College Early Learning Centre Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by St Michael’s College.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

● Independent Education Union of Australia; and

● United Voice.

In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 26 January 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

St Michael's College applied to the Fair Work Commission for approval of its Early Learning Centre Enterprise Agreement 2015. The applicants were represented by Mr. J. Smith, an industrial advocate. The respondents, including various unions, were represented by Ms. L. Jones, an industrial advocate. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for a safety net of minimum wages and conditions, complied with the good faith bargaining requirements, and did not include provisions that were contrary to public policy.

The legal issues before the court were whether the agreement was genuinely negotiated and contained terms that were fair and reasonable. Additionally, the court had to consider whether the agreement provided adequate protections for employees, particularly those who were part of the early learning sector. The unions argued that the agreement failed to adequately protect employees' rights and did not provide a sufficient safety net of minimum wages and conditions. The college, on the other hand, contended that the agreement was the result of genuine bargaining and met all the necessary legislative requirements.

The Fair Work Commission found that the agreement was genuinely negotiated and provided for a safety net of minimum wages and conditions. The court considered the evidence of the negotiation process and concluded that the agreement was not only the result of good faith bargaining but also included fair and reasonable terms. The court found that the agreement did not contravene public policy and provided adequate protections for employees in the early learning sector. Consequently, the court approved the Early Learning Centre Enterprise Agreement 2015.

The final orders of the court were that the application for approval of the agreement was granted, and the agreement was approved as a registered agreement under the Fair Work Act 2009. The agreement would now apply to the employees of St Michael's College Early Learning Centre, providing them with a safety net of minimum wages and conditions and protecting their rights.

St Michael's College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established