DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Uniting Church in Australia Property Trust (Tas) T/A Scots Early Learning Centre
(AG2016/741)

SCOTS EARLY LEARNING UNITED VOICE ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 27 APRIL 2016

Application for approval of the Scots Early Learning United Voice Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Scots Early Learning United Voice Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Uniting Church in Australia Property Trust (Tas) T/A Scots Early Learning. The Agreement is a single enterprise agreement.

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

[3] The United Voice 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 20016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Uniting Church in Australia Property Trust (Tas) T/A Scots Early Learning Centre was the subject of an application to the Fair Work Commission for the approval of the Scots Early Learning United Voice Enterprise Agreement 2015. The application arose from a dispute between the applicant and the United Voice union over the terms and conditions of employment for early childhood education and care workers. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all the mandatory terms required by section 235 of the Fair Work Act, and whether it was fair and reasonable in all its terms. Additionally, the Commission needed to consider if the agreement complied with the procedural requirements set out in section 232 of the Act, including whether the applicant had taken all reasonably practicable steps to reach an agreement with the union. The dispute also involved questions about the scope of bargaining under the Act and the interpretation of certain clauses within the agreement.

The Commission found that the applicant had made all reasonably practicable steps to reach an agreement with the union. It held that the agreement contained all the mandatory terms and was fair and reasonable in all its terms. The Commission emphasised the importance of the applicant's efforts to engage in good faith negotiations with the union and noted the union's acknowledgment of these efforts. The Commission also reviewed the specific clauses of the agreement and found them to be within the scope of bargaining under the Act. Consequently, the Commission approved the Scots Early Learning United Voice Enterprise Agreement 2015.

The Fair Work Commission approved the Scots Early Learning United Voice Enterprise Agreement 2015, recognising the efforts made by the applicant in negotiating with the union and finding the agreement to be fair and reasonable. This decision underscores the importance of good faith bargaining and the procedural requirements under the Fair Work Act.

The Uniting Church in Australia Property Trust (Tas) T/A Scots Early Learning Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established