[2023] FWCFB 176
Citation: [2023] FWCFB 176
At a glance
- Awards cited
- MA000012, MA000133
What happened
The United Workers Union (UWU), Australian Education Union (AEU), and Independent Education Union of Australia (IEU) jointly applied for a supported bargaining authorisation under the Fair Work Act 2009. This authorisation covers 64 employers in the early childhood education and care (ECEC) sector, operating in long day care settings. The proposed multi-enterprise agreement would affect employees covered by the Children’s Services Award 2010 or Educational Services (Teachers) Award 2020, or performing other roles like qualified chefs. Employers are represented by the Australian Childcare Alliance, Community Early Learning Australia Limited, Community Child Care Association, and G8 Education Limited. All specified employers support the authorisation. No employees opposed the application.
What was decided
The Fair Work Commission (FWC) is considering an application for a supported bargaining authorisation for a multi-enterprise agreement in the early childhood education and care sector. The FWC notes the application replaces a previous one and acknowledges submissions from the Australian Chamber of Commerce and Industry, Australian Industry Group, and Australian Council of Trade Unions. The Commission highlights changes made by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which introduced a 'supported bargaining stream' replacing the previous 'low paid bargaining stream'. The FWC has not yet made a final decision on whether to grant the authorisation.
What it means for employers
Employers in the early childhood education and care sector should be aware of the potential for multi-enterprise agreements and the possibility of being included in a supported bargaining authorisation. This could impact bargaining processes and obligations. Employers should engage with bargaining representatives and consider the views of employees.
What it means for employees
Employees in the early childhood education and care sector may benefit from a supported bargaining authorisation, which aims to assist those who face difficulties in bargaining at the enterprise level. The authorisation could lead to improved terms and conditions of employment through a multi-enterprise agreement.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwcfb176.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →