Wanslea Early Learning and Development Ltd T/A Wanslea Early Learning and Development

[2023] FWCA 1160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wanslea Early Learning and Development Ltd T/A Wanslea Early Learning and Development

(AG2023/909)

WANSLEA EARLY LEARNING AND DEVELOPMENT LTD ENTERPRISE AGREEMENT 2022

Children’s services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 26 APRIL 2023

Application for approval of the Wanslea Early Learning and Development Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Wanslea Early Learning and Development Ltd Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Wanslea Early Learning and Development Ltd T/A Wanslea Early Learning and Development (Employer). The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

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 is approved and, in accordance with s 54 of the Act, will operate from 3 May 2023. The nominal expiry date of the Agreement is 26 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wanslea Early Learning and Development Ltd, trading as Wanslea Early Learning and Development, applied to the Fair Work Commission for approval of its 2022 enterprise agreement. The agreement aimed to govern the terms and conditions of employment for employees within the childcare and early learning sector. The Commission was required to determine whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for approval.

The legal issues before the Commission included whether the agreement provided for a safety net of minimum entitlements, whether it included appropriate mechanisms for resolving disputes, and whether it had been negotiated in good faith. Additionally, the Commission needed to consider whether the agreement adequately protected the interests of employees and complied with the relevant provisions of the Fair Work Act.

The Commission found that the agreement met the necessary criteria for approval. It provided for a safety net of minimum entitlements, including minimum wages, leave entitlements, and other protections. The agreement also included mechanisms for resolving disputes, such as grievance and dispute resolution procedures. The Commission was satisfied that the agreement had been negotiated in good faith and adequately protected the interests of employees. As a result, the Commission approved the Wanslea Early Learning and Development Ltd Enterprise Agreement 2022.

The Fair Work Commission approved the Wanslea Early Learning and Development Ltd Enterprise Agreement 2022, determining that it complied with the Fair Work Act and met the necessary requirements for approval. The agreement provides for a safety net of minimum entitlements, includes appropriate dispute resolution mechanisms, and was negotiated in good faith. The approval of the agreement ensures that the terms and conditions of employment for employees within the childcare and early learning sector are governed by a legally compliant and fair enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established