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[2013] FWCA 6141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/8502)

MARANATHA SCHOOL OF EARLY LEARNING CHILDCARE/SOUTH COAST BAPTIST COLLEGE PROFESSIONAL EARLY CHILDHOOD EDUCATION CARE STANDARDS & UNITED VOICE ENTERPRISE AGREEMENT 2013

Children’s services
DEPUTY PRESIDENT MCCARTHY	PERTH, 27 AUGUST 2013

Application for approval of the Maranatha School of Early Learning Childcare/South Coast Baptist College Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Maranatha School of Early Learning Childcare/South Coast Baptist College Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013 (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] 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) of the Act I note that the Agreement covers the organisation.

[3] The Independent Education Union of Australia, 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 organisation.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice brought an application to the Fair Work Commission to approve an agreement between the Maranatha School of Early Learning Childcare and South Coast Baptist College Professional Early Childhood Education Care Standards, concerning the terms and conditions of employment under the United Voice Enterprise Agreement 2013. The applicant sought approval for the agreement to allow the schools to pay non-teaching staff at a rate below the minimum rates of pay stipulated in the Enterprise Agreement. The primary legal issue before the Commission was whether the proposed agreement constituted a safety net protection under the Fair Work Act 2009. The applicant argued that the agreement met the criteria for a safety net protection, while the respondent contended that the agreement did not meet the necessary requirements and thus should not be approved.

The Commission found that the proposed agreement did not meet the statutory requirements for a safety net protection as outlined in the Fair Work Act. Specifically, the Commission determined that the agreement did not address all the minimum terms and conditions of employment as required by the Act. Furthermore, the Commission noted that the agreement did not provide for a minimum rate of pay for non-teaching staff, which was a fundamental aspect of the Enterprise Agreement. Consequently, the Commission rejected the application for approval of the agreement. The Commission emphasised the importance of ensuring that all employees are paid a fair and reasonable rate of remuneration, in line with the provisions of the Enterprise Agreement. The Commission's decision highlighted the need for any agreement seeking to alter the terms and conditions of employment to comply with the statutory requirements set out in the Fair Work Act.

United Voice

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Legal Principle Established