DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woden Early Childhood Centre Incorporated
(AG2018/3882)

WODEN EARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT 2018-2020

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 FEBRUARY 2019

Application for approval of the Woden Early Childhood Centre Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Woden Early Childhood Centre Enterprise Agreement 2018-2020 (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 Incorporated. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2019. The nominal expiry date of the Agreement is 31 December 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Woden Early Childhood Centre Incorporated applied for the approval of the Woden Early Childhood Centre Enterprise Agreement 2018-2020. The applicant argued that the agreement was fair and reasonable, meeting the statutory requirements under the Fair Work Act 2009. The application was contested by several employees and unions, who raised concerns about various clauses in the agreement, arguing they were unfair or did not meet the necessary standards for approval.

The legal issues before the Commission involved whether the provisions of the Enterprise Agreement were procedurally and substantively fair. This required an examination of the agreement's compliance with the Fair Work Act, including whether it was made in accordance with the relevant laws, whether the agreement-making process was fair, and whether the terms and conditions within the agreement were reasonable. The Commission had to assess whether the agreement met the "better off overall test" and if it provided for minimum entitlements as set out in the National Employment Standards.

The Commission found that the agreement was procedurally fair as it was made in good faith, and the process followed was fair. The substantive fairness was also upheld as the Commission determined that the agreement provided for terms and conditions that were no worse than the applicable minimum standards. The Commission considered various factors, including the bargaining power of the parties, the nature of the work, and the overall fairness of the agreement to the employees. The specific concerns raised by the unions and employees were addressed and resolved, leading to the conclusion that the agreement was fair and reasonable.

As a result, the Fair Work Commission approved the Woden Early Childhood Centre Enterprise Agreement 2018-2020. The Commission ordered that the agreement be registered with the Fair Work Ombudsman, thereby rendering it legally binding on the parties involved. The approval of the agreement means that it will now govern the employment terms and conditions of the employees within the scope of 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