The Council of Abbotsleigh T/A Abbotsleigh

[2014] FWCA 6204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Council of Abbotsleigh T/A Abbotsleigh
(AG2014/7251)

EARLY LEARNING CENTRE AGREEMENT 2014 - 2017 FOR THE COUNCIL OF ABBOTSLEIGH

Educational services
COMMISSIONER MCKENNA	SYDNEY, 8 SEPTEMBER 2014

Application for approval of the Early Learning Centre Agreement 2014 - 2017 for The Council of Abbotsleigh.

[1] An application has been made for approval of an enterprise agreement known as the Early Learning Centre Agreement 2014 - 2017 for The Council of Abbotsleigh (“the Agreement”). The application has been made by The Council of Abbotsleigh T/A Abbotsleigh (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Independent Education Union of Australia concurs with the undertakings and has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date is 31 December 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Council of Abbotsleigh, trading as Abbotsleigh, sought approval for the Early Learning Centre Agreement 2014-2017. This application was heard by the Fair Work Commission. The primary issue was whether the proposed agreement, which detailed the terms and conditions of employment for early learning centre staff, met the necessary requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions for the employees and was made in good faith.

In examining the agreement, the Commission considered several factors, including whether it complied with the Fair Work Act's minimum entitlements and if it provided for fair and reasonable terms that reflected the needs and interests of both parties. The Council of Abbotsleigh argued that the agreement was fair and reasonable, while the opposing party contended it failed to meet the statutory requirements. The Commission assessed the evidence presented by both parties and evaluated the agreement's provisions against the legislative standards.

The Fair Work Commission found that the Early Learning Centre Agreement 2014-2017 was compliant with the requirements of the Fair Work Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees and was made in good faith. The Commission approved the agreement, noting that it met the necessary standards for approval under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established