Western Sydney University Early Learning Ltd

[2021] FWCA 683

[2021] FWCA 683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Sydney University Early Learning Ltd
(AG2020/4177)

WESTERN SYDNEY UNIVERSITY EARLY LEARNING LIMITED ENTERPRISE AGREEMENT 2021-2023

Children’s services
COMMISSIONER WILSON	MELBOURNE, 10 FEBRUARY 2021

Application for approval of the Western Sydney University Early Learning Limited Enterprise Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Western Sydney University Early Learning Limited Enterprise Agreement 2021-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Sydney University Early Learning Ltd. 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. The undertakings are taken to be a term of the agreement.

[3] The Notice of Employee Representational Rights incorrectly provided that the agreement was proposed to cover all classifications 'other than traineeships' however, the agreement provides for trainees. In the circumstances, I am satisfied that the error on the Notice of Employee Representational Rights constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration and the submissions of the employer I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] The Independent Education Union of Australia and the United Workers' Union 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2021. The nominal expiry date of the Agreement is 10 February 2024.

COMMISSIONER

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Annexure A