DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

United Voice
(AG2016/6907)

JESMOND EARLY EDUCATION CENTRE & UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2016

Children's services
COMMISSIONER WILSON	MELBOURNE, 9 JANUARY 2017

Application for approval of the Jesmond Early Education Centre & United Voice Big Steps Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Jesmond Early Education Centre & United Voice Big Steps Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Voice. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Jesmond Early Education Centre to approve the United Voice Big Steps Enterprise Agreement 2016. United Voice, the registered trade union, lodged objections to the application, arguing that certain terms and conditions within the agreement were unfair and did not adequately protect the rights of the employees. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement provided a safety net for employees that was no less favourable than the applicable award or registered agreement, and whether it contained provisions that were contrary to the public interest. Additionally, the Commission had to consider whether the agreement had been made in good faith and whether it provided adequate protections for vulnerable employees. The Commission also examined whether the union had been given sufficient opportunity to negotiate the agreement and whether the agreement had been properly presented to the employees for their consideration.

In its decision, the Fair Work Commission found that while the agreement contained provisions that were generally in line with the safety net requirements, there were certain aspects that were not favourable to employees. The Commission concluded that the agreement did not adequately address the issue of casual loading for employees who were converted to part-time positions. The Commission also found that the agreement did not provide sufficient protections for employees in terms of their entitlements to certain leave provisions. Despite these shortcomings, the Commission determined that the agreement was made in good faith and that the union had been given a reasonable opportunity to negotiate. Given these findings, the Commission approved the agreement subject to specific amendments to address the identified issues.

The Fair Work Commission ordered that the Jesmond Early Education Centre and United Voice amend the agreement to ensure that it provided for the appropriate casual loading for employees transitioning to part-time roles and that it included adequate provisions for leave entitlements. The Commission also mandated that the amended agreement be presented to the employees for their final approval. The decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements for approval and provide fair and reasonable terms for employees.

United Voice

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established