DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UWS Early Learning
(AG2016/7910)

WESTERN SYDNEY UNIVERSITY EARLY LEARNING SERVICES ENTERPRISE AGREEMENT (2016-2019)

Educational services
DEPUTY PRESIDENT DEAN	MELBOURNE, 27 MARCH 2017

Application for approval of the Western Sydney University Early Learning Services Enterprise Agreement (2016-2019).

[1] An application has been made for approval of an enterprise agreement known as the Western Sydney University Early Learning Services Enterprise Agreement (2016-2019) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UWS 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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 Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 27 March 2017 and, in accordance with s.54, will operate from 3 April 2017. The nominal expiry date of the Agreement is 27 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Western Sydney University Early Learning Services Enterprise Agreement (2016-2019). The applicant, Western Sydney University Early Learning Services, sought the commission's approval of the enterprise agreement which had been negotiated between the university and its employees in the early learning sector. The respondents included various unions and individual employees who had raised concerns about certain aspects of the agreement.

The legal issues before the commission centred on whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the commission had to determine if the agreement provided for the fair and equitable treatment of employees, if it complied with the provisions of the Act and any relevant modern awards, and if it had been genuinely negotiated between the parties. The commission also needed to consider if the agreement contained appropriate mechanisms for resolving disputes and if it provided for the payment of minimum rates of pay and conditions.

In delivering its decision, the commission carefully examined the terms of the agreement and the submissions made by both the applicant and the respondents. The commission found that the agreement met the necessary criteria for approval. It was satisfied that the agreement provided for the fair and equitable treatment of employees, complied with the provisions of the Act and relevant modern awards, and had been genuinely negotiated between the parties. The commission also noted that the agreement contained appropriate mechanisms for resolving disputes and provided for the payment of minimum rates of pay and conditions. Accordingly, the commission approved the enterprise agreement.

The final orders of the commission included the approval of the Western Sydney University Early Learning Services Enterprise Agreement (2016-2019), with certain minor modifications to address the concerns raised by the respondents. The commission also directed that the agreement be published and made available to all employees covered by the agreement.

UWS 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