The Trustee for A.B. Paterson Childcare Centre Trust T/A A.B. Paterson Childcare Centre Summary

[2022] FWCA 193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for A.B. Paterson Childcare Centre Trust T/A A.B. Paterson Childcare Centre
(AG2021/9086)

A.B. PATERSON COLLEGE EARLY CHILDHOOD CENTRE EMPLOYEE COLLECTIVE AGREEMENT 2021

Children’s services
COMMISSIONER HUNT	BRISBANE, 25 JANUARY 2022

Application for approval of the A.B. Paterson College Early Childhood Centre Employee Collective Agreement 2021

[1] The Trustee for A.B. Paterson Childcare Centre Trust T/A A.B. Paterson Childcare Centre (the Employer) has applied for approval of an enterprise agreement known as the A.B. Paterson College Early Childhood Centre Employee Collective Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (UWU) and the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen. On the information before the Commission, I am satisfied that the group of employees covered by the Agreement was fairly chosen as I accept that in comparison to other employees of the Employer, the employees covered by the Agreement are geographically and operationally distinct.

[5] The UWU 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) of the Act I note that the Agreement covers the UWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2022. The nominal expiry date of the Agreement is 1 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this case, the Trustee for the A.B. Paterson Childcare Centre Trust applied to the Fair Work Commission for approval of the A.B. Paterson College Early Childhood Centre Employee Collective Agreement 2021. The applicant sought to ensure that the terms and conditions of employment for employees at the childcare centre were legally compliant and fair. The matter was heard by the Commission, which needed to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed collective agreement contained all the mandatory terms and conditions required by the Fair Work Act and whether it complied with the general principles of the Act. The Commission needed to ensure that the agreement was in the best interests of the employees and that it did not undermine the minimum standards set by the Act. The Commission also considered whether the agreement appropriately balanced the interests of the employer and employees, particularly given the unique nature of the childcare industry.

In delivering its decision, the Commission examined the content of the agreement and assessed whether it contained all the mandatory terms and conditions required by the Fair Work Act. The Commission found that the agreement was comprehensive and included all necessary terms. It also concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission determined that the agreement appropriately balanced the interests of both the employer and the employees and was consistent with the general principles of the Act. Accordingly, the Commission approved the collective agreement.

The final orders of the Commission were that the A.B. Paterson College Early Childhood Centre Employee Collective Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions of employment for the employees at the childcare centre are legally compliant and fair, providing a stable and predictable working environment.

The Trustee for A.B. Paterson Childcare Centre Trust T/A A.B. Paterson Childcare Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established