DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UTS Child Care Incorporated T/A UTS Child Care Inc.
(AG2017/4982)

UTS CHILD CARE ENTERPRISE AGREEMENT 2017

Children’s services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 FEBRUARY 2018

Application for approval of the UTS Child Care Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the UTS Child Care Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UTS Child Care Incorporated T/A UTS Child Care Inc. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] 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.

[6] The Agreement lodged contained an error at Schedule 1, page 37. On 12 January 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Independent Education Union of Australia, and United Voice, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[8] The Agreement was approved on 14 February 2018 and, in accordance with s.54, will operate from 21 February 2018. The nominal expiry date of the Agreement is 21 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, UTS Child Care Incorporated, trading as UTS Child Care Inc., sought approval of an enterprise agreement from the Fair Work Commission. The agreement, if approved, would govern the terms and conditions of employment for the employees of the applicant. The application was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act and whether it was in the best interests of the employees.

The primary legal issue was whether the agreement provided for the fair and equitable resolution of workplace issues, as mandated by the Fair Work Act. Specifically, the Commission needed to determine whether the agreement met the "better off overall test" and if it contained all the terms and conditions that were required by law. Another key issue was whether the agreement was appropriately negotiated and whether it complied with the procedural requirements set forth in the Act.

The Fair Work Commission found that the application met the necessary criteria. The agreement was deemed to provide for a fair and equitable resolution of workplace issues and was considered to be better off overall for the employees. The Commission also found that the agreement was appropriately negotiated and contained all the required terms and conditions. It satisfied the procedural requirements of the Act.

Consequently, the Fair Work Commission approved the UTS Child Care Enterprise Agreement 2017. The approval was granted on the basis that the agreement met the statutory requirements and was in the best interests of the employees. The Commission's decision was made in the context of ensuring that the agreement would promote harmonious, productive, and cooperative workplace relations.

UTS Child Care Incorporated T/A UTS Child Care Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established