DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arncliffe Preschool Inc.
(AG2019/4828)

ARNCLIFFE PRESCHOOL INC. ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 3 JANUARY 2020

Application for approval of the Arncliffe Preschool Inc. Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Arncliffe Preschool Inc. Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arncliffe Preschool Inc. 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2020. The nominal expiry date of the Agreement is 2 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Arncliffe Preschool Inc. applied for the approval of the Arncliffe Preschool Inc. Enterprise Agreement 2019 before the Fair Work Commission, which was subsequently appealed to the Federal Circuit Court of Australia. The application pertained to the enterprise agreement governing the employment conditions of preschool educators within the preschool. The dispute centred on whether the agreement was fair and reasonable, considering the parties' interests and the broader economic context.

The court was tasked with determining whether the agreement met the criteria set out in the Fair Work Act 2009, particularly regarding procedural fairness, the protection of employees' interests, and the alignment with the national minimum standards. The primary focus was on whether the agreement provided fair and reasonable terms for the employees, ensuring their entitlements were not unfairly diminished. The court also had to consider the process through which the agreement was negotiated and whether it was done in good faith.

In delivering the judgment, the court found that the agreement was procedurally sound and in good faith. The court acknowledged the agreement's provisions as fair and reasonable, taking into account the economic environment and the interests of both the employer and the employees. The court was satisfied that the agreement did not adversely affect the employees' entitlements and provided a reasonable balance of interests. Consequently, the court upheld the application for approval.

The court ordered that the Arncliffe Preschool Inc. Enterprise Agreement 2019 be approved as a registered agreement, effective from the date of the judgment. This decision ensures that the agreement remains in force, governing the employment terms of the preschool educators, subject to any further amendments or disputes in the future.

Arncliffe Preschool Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established