DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woden Early Childhood Centre Incorporated
(AG2014/10401)

WODEN EARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT 2015-2017

Australian Capital Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 FEBRUARY 2015

Application for approval of the Woden Early Childhood Centre Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Woden Early Childhood Centre Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Woden Early Childhood Centre. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 6 February 2015 and, in accordance with s.54, will operate from 13 February 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Woden Early Childhood Centre Incorporated brought an application for the approval of the Enterprise Agreement 2015-2017. The applicant sought to have the agreement, which was negotiated between the Centre and the Australian Education Union, approved as a modern award. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issue before the Commission was whether the Enterprise Agreement satisfied the requirements of the Act, including whether it provided for a fair and efficient workplace, and whether it met the procedural requirements for approval. The applicant argued that the agreement was fair and efficient, and that it had been negotiated in good faith. The Commission had to consider whether the agreement met these criteria and whether it was appropriate to approve the agreement.

The Commission found that the agreement did meet the criteria for approval. It found that the agreement was fair and efficient and that it had been negotiated in good faith. The Commission also found that the agreement met the procedural requirements for approval, including that it had been properly negotiated and that it complied with the relevant provisions of the Act. The Commission approved the agreement, finding that it provided for a fair and efficient workplace and that it was in the best interests of the employees and the employer.

The Commission ordered that the Enterprise Agreement 2015-2017 be approved as a modern award. The agreement was to be registered with the Fair Work Commission and would have legal effect from the date of registration. The agreement would remain in force until the end of the agreed term or until it was replaced by a new agreement. The decision was final and binding on all parties to the agreement.

Woden Early Childhood Centre Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established