DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wattle Community Association T/A Wattle Early Childhood Centre
(AG2019/171)

WATTLE EARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT 2018-2022

Children's services
COMMISSIONER LEE	MELBOURNE, 23 APRIL 2019

Application for approval of the Wattle Early Childhood Centre Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Wattle Early Childhood Centre Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wattle Community Association T/A Wattle Early Childhood Centre. 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.

[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.

[4] United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement lodged contained an error at clause 29.9. On 16 April 2019, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wattle Community Association, trading as Wattle Early Childhood Centre, applied for approval of the Wattle Early Childhood Centre Enterprise Agreement 2018-2022. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. The dispute centred on whether the agreement adequately addressed the provisions for the employment of casual employees, specifically regarding the payment of penalty rates.

The legal issue before the Commission was whether the agreement sufficiently provided for the employment of casual employees, particularly concerning penalty rates, to ensure it met the necessary standards for approval. The Commission considered whether the agreement was made in good faith and whether it provided for terms and conditions of employment that were no less favourable than the relevant awards or the national system of minimum rates of pay.

The Commission concluded that the agreement did not adequately address the terms and conditions for casual employees, particularly in relation to penalty rates. The Commission found that the agreement did not provide for the payment of penalty rates for casual employees, which was a requirement under the relevant award. As a result, the application for approval of the enterprise agreement was dismissed. The Commission ordered that the application be returned to the parties for further negotiation and amendment of the agreement to ensure compliance with the requirements of the Fair Work Act.

Wattle Community Association T/A Wattle Early Childhood Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established