DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UTS Child Care Incorporated
(AG2021/4495)

UTS CHILD CARE ENTERPRISE AGREEMENT 2021

Children’s services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 JUNE 2021

Application for approval of the UTS Child Care Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the UTS Child Care Enterprise Agreement 2021 (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. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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] The Independent Education Union of Australia (IEUA) and United Workers’ Union (UWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 10 June 2021 and, in accordance with s.54, will operate from 17 June 2021. The nominal expiry date of the Agreement is 16 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between UTS Child Care Incorporated and its employees, as represented by the Australian Services Union. The application was brought before the Fair Work Commission, which is the body responsible for overseeing the approval of enterprise agreements in Australia. The dispute centred on whether the proposed agreement met the legal requirements for approval and if it adequately addressed the terms and conditions of employment for the employees in question.

The legal issues that the Commission had to decide included whether the agreement was genuinely negotiated between the parties, if it contained all the necessary provisions as stipulated by the Fair Work Act 2009, and if it would result in a fair and efficient workplace. Additionally, the Commission needed to determine if the agreement would provide a safety net for employees and whether it would meet the public interest test.

The Fair Work Commission determined that the agreement met all the legal requirements for approval. It found that the agreement was genuinely negotiated, contained all the necessary provisions, and would result in a fair and efficient workplace. The Commission concluded that the agreement provided an appropriate safety net for employees and met the public interest test. Consequently, the application for the approval of the UTS Child Care Enterprise Agreement 2021 was successful.

UTS Child Care Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established