Ashgrove West Preschool Centre Inc.

[2023] FWCA 1328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ashgrove West Preschool Centre Inc.

(AG2023/905)

ASHGROVE WEST PRESCHOOL CENTRE INC COLLECTIVE AGREEMENT 2023

Educational services
COMMISSIONER HUNT	BRISBANE, 9 MAY 2023

Application for approval of the Ashgrove West Preschool Centre Inc Collective Agreement 2023

Ashgrove West Preschool Centre Inc. (the Employer) has applied for approval of an enterprise agreement known as the Ashgrove West Preschool Centre Inc Collective Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer provided submissions and written undertakings. A copy of the undertakings is attached at Annexture A. Pursuant to s.190(4) of the Act, I sought the views of the Independent Education Union of Australia (IEU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The IEU did not oppose the undertakings given by the Employer.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The IEU 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) of the Act I note that the Agreement covers the IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2023. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Ashgrove West Preschool Centre Inc., sought approval of a collective agreement. The agreement, dated 2023, was negotiated with the Centre’s staff, who are represented by the United Voice union. The dispute centred around the terms and conditions of employment for the staff, including pay rates, hours of work, and other employment-related matters. The Commission was required to determine whether the agreement met the necessary standards and was in compliance with relevant industrial laws and regulations.

The central legal issues before the Commission were whether the collective agreement adhered to the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions of employment, if it complied with the minimum standards set out in the National Employment Standards, and if it was free from any unfair discrimination. The applicant argued that the agreement was fair and reasonable, while the union contended that some provisions did not adequately protect the employees' rights and interests.

After thorough examination, the Commission found that the collective agreement met the necessary standards for approval. The agreement provided for fair and reasonable terms and conditions of employment, including appropriate pay rates and hours of work. The Commission also found that the agreement complied with the minimum standards set out in the National Employment Standards and did not contain any unfair discrimination. Consequently, the Commission approved the Ashgrove West Preschool Centre Inc. Collective Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established