DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Apples and Honey Preschool Incorporated T/A Apples and Honey Preschool
(AG2018/1074)

APPLES AND HONEY PRESCHOOL INCORPORATED ENTERPRISE AGREEMENT 2018

Children's services
COMMISSIONER JOHNS	SYDNEY, 17 JULY 2018

Application for approval of the Apples and Honey Preschool Enterprise Agreement 2018

[1] An application has been made for approval of an enterprise agreement known as the Apples and Honey Preschool Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Apples and Honey Preschool Incorporated T/A Apples and Honey Preschool. 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 United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2018. The nominal expiry date of the Agreement is 16 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Apples and Honey Preschool Incorporated T/A Apples and Honey Preschool recently had its 2018 Enterprise Agreement put before the Fair Work Commission for approval. The application was made by the employer, who sought to ensure the agreement's terms were fair and met the criteria for registration. The dispute centred on whether the agreement met the legal standards set out in the Fair Work Act 2009, specifically regarding the agreement's fairness and compliance with procedural requirements.

The primary legal issue the court had to address was whether the agreement was a genuine enterprise agreement and whether it met the requirements for registration under the Act. This included examining whether the agreement was negotiated in good faith, whether it covered the appropriate bargaining unit, and whether it complied with procedural requirements such as the provision of necessary information to employees. Additionally, the court had to determine if the agreement contained all the mandated terms and conditions as outlined in the Act.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, found that the agreement was indeed a genuine enterprise agreement. The court highlighted that the employer had demonstrated that the agreement was negotiated in good faith and that it covered the appropriate bargaining unit. The agreement was also found to comply with all procedural requirements, including the provision of necessary information to employees. Furthermore, the court confirmed that the agreement contained all the mandated terms and conditions as required by the Act. As a result, the court approved the registration of the Apples and Honey Preschool Enterprise Agreement 2018.

The final orders of the court mandated the registration of the Apples and Honey Preschool Enterprise Agreement 2018, confirming its validity and compliance with the Fair Work Act 2009. The agreement was deemed to be a genuine enterprise agreement that met all legal criteria for registration, providing a clear framework for the employment terms and conditions of the preschool's staff.

Apples and Honey Preschool Incorporated T/A Apples and Honey Preschool

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established