Arndu St Paul’s Pre-School Summary

[2023] FWCA 2502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Arndu St Paul’s Pre-School

(AG2023/2470)

THE ARNDU ST PAUL’S PRESCHOOL ENTERPRISE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 AUGUST 2023

Application for approval of the Arndu St Paul’s Preschool Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Arndu St Paul’s Preschool Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Arndu St Paul’s Pre-School (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 3 August 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Teachers) Award 2020, the Children's Services Award 2010 and the Clerks—Private Sector Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I have taken into account and am satisfied that each of the requirements of ss.186, 187, 188 (including the s.188B principles), 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2023. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission has approved the Arndu St Paul’s Preschool Enterprise Agreement 2023, a single enterprise agreement between Arndu St Paul’s Pre-School and the Independent Education Union of Australia. The employer sought approval under section 185 of the Fair Work Act 2009. The Deputy President, Boyce, approved the agreement subject to certain undertakings, which are outlined in Annexure A. The agreement covers employees who would otherwise be covered by the Educational Services (Teachers) Award 2020, the Children's Services Award 2010 and the Clerks—Private Sector Award 2020. The Deputy President determined that the agreement meets the requirements of the Fair Work Act 2009, including the more beneficial entitlements of the National Employment Standards where there is an inconsistency between the agreement and the NES.

The court was required to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether the agreement provided for more beneficial entitlements than the relevant awards and the National Employment Standards. The court also had to consider whether the agreement would cause financial detriment to any employee and whether it would result in substantial changes to the agreement. The Deputy President found that the agreement met the requirements of the Fair Work Act 2009 and did not cause financial detriment to any employee or result in substantial changes to the agreement.

The Deputy President concluded that the agreement met the requirements of the Fair Work Act 2009 and approved the agreement subject to the undertakings outlined in Annexure A. The agreement will operate from 18 August 2023 and will expire on 30 June 2027. The more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. The Independent Education Union of Australia will be covered by the Agreement.

Arndu St Paul’s Pre-School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established