DECISION

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

United Voice
(AG2015/377)

JESMOND COMMUNITY PRESCHOOL ASSOCIATION INC CHILD CARE EDUCATOR COLLECTIVE AGREEMENT 2014

Children's services
VICE PRESIDENT CATANZARITI	SYDNEY, 17 MARCH 2015

Application for approval of the Jesmond Community Preschool Association Inc Child Care Educator Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Jesmond Community Preschool Association Inc Child Care Educator Collective Agreement 2014 (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] 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] 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 24 March 2015. The nominal expiry date of the Agreement is three years from the date of operation.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice applied to the Fair Work Commission for approval of the Jesmond Community Preschool Association Inc Child Care Educator Collective Agreement 2014. The Jesmond Community Preschool Association Inc is an employer of educators in the early childhood education and care sector. United Voice is a registered organisation representing the interests of employees in the early childhood education and care industry. The application was made under section 233 of the Fair Work Act 2009, which requires that a collective agreement is approved by the Fair Work Commission if it is to have the status of an approved agreement. The legal issues before the commission included whether the agreement complied with the requirements of the Fair Work Act 2009, including provisions relating to the coverage of the agreement, the classification of employees, and the minimum entitlements for employees.

The commission found that the agreement was generally compliant with the requirements of the Fair Work Act 2009. The agreement covered a range of employees who were appropriately classified as child care educators, and the minimum entitlements provided in the agreement were consistent with the relevant award and enterprise agreements. The commission noted that there were some minor issues with the agreement, such as a lack of clarity in some provisions and the absence of certain required information. However, the commission was satisfied that these issues did not materially affect the overall compliance of the agreement with the Fair Work Act 2009. The commission approved the agreement, subject to certain minor amendments being made by the parties.

The commission made an order approving the Jesmond Community Preschool Association Inc Child Care Educator Collective Agreement 2014, with certain minor amendments to be made by the parties. The order also included provisions relating to the registration of the agreement and the notification of employees. The order was effective from the date of the commission's decision. The parties were required to take steps to ensure that the amended agreement was brought into operation and that employees were notified of the approval of the agreement. The commission's decision provides guidance on the requirements for the approval of collective agreements in the early childhood education and care sector, and will be of interest to employers and employees in that industry.

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