Wanslea Early Learning & Development Inc Summary

[2014] FWC 4444

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wanslea Early Learning & Development Inc
(AG2014/1564)

DEPUTY PRESIDENT SMITH

MELBOURNE, 3 JULY 2014

Application for approval of the Wanslea Early Learning and Development Inc Enterprise Agreement 2014 - notice of employee representational rights did not comply with the requirements of the Fair Work Act 2009 — application for approval dismissed.

[1] This is an application to approve an enterprise agreement titled the Wanslea Early Learning and Development Inc Enterprise Agreement 2014 (the Agreement).

[2] There are three broad areas of concern with the Agreement. Issues concerning the better off overall test and individual flexibility term could be resolved by way of an undertaking, however, the notice of employee representational rights does not comply with the requirements of section 174(1A) of the Fair Work Act 2009 and regulation 2.05 and schedule 2.1 of the Fair Work Regulations 2009. The application must fail. 1

[3] I refuse to approve the Agreement.

DEPUTY PRESIDENT

1 Peabody Moorvale Pty Ltd v Construction, Forestry, Mining and Energy Union [2014] FWCFB 2042.

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CaseChat Overview and Summary

The Fair Work Commission heard an application from Wanslea Early Learning and Development Inc for the approval of its Enterprise Agreement 2014. The application was contested on the basis that the notice provided to employees regarding their representational rights did not comply with the requirements of the Fair Work Act 2009. The Commission was required to determine whether the notice was adequate and whether the application should be approved despite the non-compliance.

The Commission considered the provisions of the Fair Work Act 2009 and the requirements for the notice of employee representational rights. It was noted that the notice must be in writing and provide employees with clear and concise information about their right to be represented by a union or other employee representative during the bargaining process. The Commission examined the notice provided by Wanslea Early Learning and Development Inc and found that it did not meet the statutory requirements, as it failed to provide adequate information about the employees' rights and the process for exercising those rights. As a result, the application for approval of the Enterprise Agreement 2014 was dismissed.

Given the non-compliance with the statutory requirements for the notice of employee representational rights, the Commission concluded that the application for approval of the Enterprise Agreement 2014 could not be granted. The Commission emphasised the importance of ensuring that employees are properly informed of their rights and the bargaining process, and that any deficiencies in the notice could potentially undermine the fairness and effectiveness of the agreement. Consequently, the application for approval was dismissed, and the Enterprise Agreement 2014 was not approved.

Wanslea Early Learning & Development Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established