Workskills Incorporated

[2013] FWCA 8886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workskills Incorporated
(AG2013/9310)

WORKSKILLS COLLECTIVE AGREEMENT (2013)

Tasmania
COMMISSIONER LEE	MELBOURNE, 12 NOVEMBER 2013

Application for approval of the Workskills Collective Agreement (2013).

[1] An application has been made for approval of a single-enterprise agreement known as the Workskills Collective Agreement (2013) (the Agreement). The application was made by Workskills Incorporated pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2013. The nominal expiry date of the Agreement is 18 November 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Workskills Incorporated, the Fair Work Commission was tasked with approving the Workskills Collective Agreement (2013) which was the outcome of negotiations between the employer, Workskills Incorporated, and the trade union, the Australian Education Union. The agreement in question was to cover employees working in early childhood education and care services across the state of New South Wales. The dispute primarily revolved around whether the proposed terms and conditions of employment were fair and reasonable, given the unique circumstances of the industry and the parties involved.

The legal issues before the Commission included whether the agreement provided adequate protections for employees, whether the provisions were consistent with relevant awards and the National Employment Standards, and whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009. A significant aspect of the inquiry was the consideration of the specific needs and conditions of the early childhood education and care sector, which differ from other industries. The Commission also had to examine the bargaining power of the parties and ensure that the agreement did not unjustifiably favour one party over the other.

After reviewing the evidence and submissions from both parties, the Commission determined that the agreement was fair and reasonable. It found that the agreement provided for adequate protections for employees, including provisions for minimum wages, penalty rates, leave entitlements, and other conditions of employment. The Commission noted that the agreement was consistent with relevant awards and the National Employment Standards, and it complied with the statutory requirements under the Fair Work Act. The agreement was seen as a balanced outcome that addressed the unique needs of the early childhood education and care sector while also reflecting the bargaining power of the parties involved.

The Commission approved the Workskills Collective Agreement (2013) and made it a registered agreement under the Fair Work Act. This decision ensures that the terms and conditions of employment for employees in the early childhood education and care sector are governed by this agreement, providing a framework for fair and reasonable workplace relations in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established