The Lady Gowrie Child Centre (Melbourne) Inc. T/A Gowrie Victoria Summary

[2022] FWCA 4367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Lady Gowrie Child Centre (Melbourne) Inc. T/A Gowrie Victoria

(AG2022/4901)

Gowrie Victoria Early Childhood Teachers Enterprise Agreement 2022

Educational services
COMMISSIONER JOHNS	MELBOURNE, 12 DECEMBER 2022

Application for approval of the Gowrie Victoria Early Childhood Teachers Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Gowrie Victoria Early Childhood Teachers Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Lady Gowrie Child Centre (Melbourne) Inc. T/A Gowrie Victoria. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Australian Education Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Lady Gowrie Child Centre (Melbourne) Inc., trading as Gowrie Victoria, applied to the Fair Work Commission for approval of the Gowrie Victoria Early Childhood Teachers Enterprise Agreement 2022. The application was contested by the Australian Education Union, Victorian Branch, who raised concerns about various provisions of the proposed agreement, particularly those concerning employee rights, conditions of employment, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to resolve were whether the proposed agreement provided for fair and reasonable terms and conditions for employees, whether it complied with the relevant provisions of the Fair Work Act, and whether it allowed for appropriate dispute resolution. The Commission also needed to consider the potential impact of the agreement on the employees and whether it provided for fair and reasonable terms of employment, including provisions for minimum wages and conditions, leave entitlements, and other benefits. Additionally, the Commission had to examine whether the agreement's dispute resolution mechanisms were fair and effective.

In delivering its decision, the Fair Work Commission found that the proposed agreement generally met the legislative criteria for approval. The Commission noted that while there were some concerns raised by the Australian Education Union, the majority of the provisions in the agreement were fair and reasonable. The Commission acknowledged the importance of providing fair terms and conditions for early childhood teachers and concluded that the agreement would benefit both the employees and the employer by promoting a stable and productive working environment. After making several minor amendments to address the concerns raised, the Commission approved the Gowrie Victoria Early Childhood Teachers Enterprise Agreement 2022.

The Fair Work Commission ordered the approval of the Gowrie Victoria Early Childhood Teachers Enterprise Agreement 2022, subject to the minor amendments made during the course of the hearing. These amendments primarily related to clarification of certain provisions and the incorporation of specific language to address the concerns raised by the Australian Education Union. The Commission also directed that the amended agreement be registered with the Fair Work Ombudsman, thereby giving it legal effect from the date of approval. The decision provides clarity and certainty for both parties regarding the terms and conditions of employment for early childhood teachers in the Gowrie Victoria organisation.

The Lady Gowrie Child Centre (Melbourne) Inc. T/A Gowrie Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established