Ainslie Primary School Parents and Citizens Association Incorporated

Case [2015] FWCA 5154


[2015] FWCA 5154
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Ainslie Primary School Parents and Citizens Association Incorporated
(AG2015/4031)

AINSLIE AFTERS ENTERPRISE AGREEMENT 2015-2019

Australian Capital Territory

DEPUTY PRESIDENT KOVACIC

MELBOURNE, 29 JULY 2015

Application for approval of the Ainslie Afters Enterprise Agreement 20015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Ainslie Afters Enterprise Agreement 20015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ainslie Primary School Parents and Citizens Association Incorporated. The Agreement is a single enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2015. The nominal expiry date of the Agreement is 7 July 2019.

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Details
AGLC
Ainslie Primary School Parents and Citizens Association Incorporated [2015] FWCA 5154
Case
[2015] FWCA 5154
Decision Date

CaseChat Overview and Summary

The applicant, Ainslie Primary School Parents and Citizens Association Incorporated, applied to the Fair Work Commission for approval of the Ainslie Afters Enterprise Agreement 2015-2019. The application was made under the Fair Work Act 2009. The respondent, Ainslie Primary School, opposed the application on several grounds, including that the agreement did not meet the requirements for a simple justice agreement under the Fair Work Act.

The legal issues the court was required to decide included whether the agreement met the criteria for a simple justice agreement, whether the agreement was fairly negotiated, and whether the agreement was in the best interests of the employees. The court also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act.

The court found that the agreement met the criteria for a simple justice agreement, that it was fairly negotiated, and that it was in the best interests of the employees. The court also found that the agreement complied with the relevant provisions of the Fair Work Act. The court approved the agreement and directed that it be registered with the Fair Work Commission.

The court ordered that the agreement be registered with the Fair Work Commission and that it be binding on the parties from the date of registration. The court also ordered that the agreement be published on the Fair Work Commission's website and that a copy be provided to each party.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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