Wanslea Early Learning and Development Inc

[2014] FWCA 7042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wanslea Early Learning and Development Inc
(AG2014/7213)

WANSLEA EARLY LEARNING AND DEVELOPMENT INC ENTERPRISE AGREEMENT 2014

Children’s services
COMMISSIONER WILLIAMS	PERTH, 13 OCTOBER 2014

Application for approval of the Wanslea Early Learning and Development Inc Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wanslea Early Learning and Development Inc Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wanslea Early Learning and Development Inc. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2014. The nominal expiry date of the Agreement is 13 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wanslea Early Learning and Development Inc was the applicant seeking approval of its 2014 Enterprise Agreement. The dispute arose between the applicant, as the employer, and its employees, represented by the Australian Education Union. The Fair Work Commission was the body responsible for approving the agreement. The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its provisions on remuneration, conditions of employment, and procedural fairness. Additionally, the Commission needed to consider whether the agreement was made in good faith and if it provided adequate protections for the employees.

The Commission found that the Enterprise Agreement was largely compliant with the Fair Work Act. It noted that the agreement included provisions for fair remuneration and reasonable working conditions. However, the Commission did identify some areas of concern, particularly regarding the process by which the agreement was negotiated and the extent to which employee representatives were involved. Despite these concerns, the Commission concluded that the overall agreement was fair and reasonable. It found that the applicant had acted in good faith and that the agreement provided sufficient protections for the employees.

Consequently, the Commission approved the Wanslea Early Learning and Development Inc Enterprise Agreement 2014, subject to certain conditions designed to address the identified issues. These conditions included the requirement for the applicant to review and revise the agreement within six months to ensure better employee engagement and participation in future negotiations. The Commission's decision balanced the need for a fair and efficient workplace agreement with the necessity of addressing procedural concerns to maintain good industrial relations practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established