DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting (NSW.ACT) T/A Uniting Early Learning
(AG2018/806)

UNITING EARLY LEARNING ENTERPRISE AGREEMENT 2017-2019

Children’s services
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2018

Application for approval of the Uniting Early Learning Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Uniting Early Learning Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uniting (NSW.ACT) T/A Uniting Early Learning. 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Voice and 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) 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 27 June 2018. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Uniting (NSW.ACT) T/A Uniting Early Learning applied to the Fair Work Commission for the approval of the Uniting Early Learning Enterprise Agreement 2017-2019. The application was made under section 231 of the Fair Work Act 2009. The respondents to the application were the relevant employees and employer associations. The nature of the dispute involved the terms and conditions of employment for early learning educators within the Uniting Early Learning enterprise.

The legal issues before the Commission involved determining whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant minimum standards. The Commission needed to consider the balance of the agreement, the nature of the enterprise, and the bargaining positions of the parties.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and complied with the relevant minimum standards. The Commission considered the evidence presented by the parties, including the submissions made by the respondents, and found that the agreement was appropriate for approval. The Commission also noted that the agreement provided for a reasonable balance of the rights and interests of both the employees and the employer, and that it was in the best interests of the employees to approve the agreement. The Commission approved the Uniting Early Learning Enterprise Agreement 2017-2019.

No further orders were made by the Commission. The agreement was approved as presented, with no modifications or conditions attached. The parties were bound by the terms of the agreement, which would now govern the employment conditions of the relevant employees for the duration of the agreement.

Uniting (NSW.ACT) T/A Uniting Early Learning

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established