DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ashgrove Preschool Centre Inc
(AG2018/6632)

ASHGROVE WEST PRESCHOOL CENTRE INC COLLECTIVE AGREEMENT 2018

Educational services
COMMISSIONER RIORDAN	SYDNEY, 4 APRIL 2019

Application for approval of the Ashgrove West Preschool Centre Inc Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ashgrove West Preschool Centre Inc Collective 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 Ashgrove West Preschool Centre Inc. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Independent Education Union of Australia – Queensland and Northern Territory Branch have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 29 March 2019, which included further material in support of the application together with Undertakings made by and duly signed by the President, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Ashgrove Preschool Centre Inc and its employees. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the legal requirements for approval. The applicants, Ashgrove Preschool Centre Inc, sought to have their collective agreement, dated 2018, formally recognised and enforced. This agreement governed the terms and conditions of employment for the preschool's staff.

The central legal issue before the Commission was whether the collective agreement complied with the necessary provisions under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement met the criteria for being a "certified agreement" and whether it was "enterprise free." The Commission also needed to ensure that the agreement did not unfairly disadvantage any employee or group of employees and that it was consistent with the principles of the Act.

In examining the agreement, the FWC determined that the agreement was appropriately certified and enterprise-free. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the preschool's operations and the needs of its employees. The FWC was satisfied that the agreement did not include any terms that would be considered unfair or unjust and that it was consistent with the overarching objectives of the Fair Work Act. Consequently, the FWC approved the collective agreement, deeming it to be compliant with the relevant statutory requirements.

The final orders of the Commission were to approve the Ashgrove West Preschool Centre Inc Collective Agreement 2018, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would be legally binding and enforceable between the parties involved.

Ashgrove Preschool Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established