DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Western Australia
(AG2015/4076)

THE UNIVERSITY OF WESTERN AUSTRALIA CHILD CARE EMPLOYEES’ COLLECTIVE AGREEMENT 2015

Children’s services
COMMISSIONER LEE	MELBOURNE, 7 AUGUST 2015

Application for approval of The University of Western Australia Child Care Employees’ Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The University of Western Australia Child Care Employees’ Collective 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 University of Western Australia. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2015. The nominal expiry date of the Agreement is 6 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, The University of Western Australia, sought approval for the Child Care Employees’ Collective Agreement 2015, which was to be registered as a green-field agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was required to consider whether the agreement met the requirements for registration as a green-field agreement. The primary issue before the Commission was whether the agreement contained all the mandatory terms and conditions of employment as required by the Act and if it met the criteria for a green-field agreement.

The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including minimum wages, penalty rates, leave provisions, and other employment standards. The applicant argued that the agreement met the criteria for a green-field agreement as it was entered into in good faith, did not disadvantage employees, and was not contrary to public policy. The Commission found that the agreement did contain all the mandatory terms and conditions and that it was entered into in good faith. The Commission also found that the agreement did not disadvantage employees or contravene public policy.

Accordingly, the Commission approved the application and registered the agreement as a green-field agreement. The University of Western Australia Child Care Employees’ Collective Agreement 2015 was therefore approved and registered under the Fair Work Act 2009. The Commission's decision was based on its finding that the agreement met all the necessary criteria for registration as a green-field agreement. The decision provides clarity for employers and employees in the child care sector and ensures that they are protected by a comprehensive set of terms and conditions of employment.

University of Western Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established