DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ashgrove West Preschool Centre Inc
(AG2015/6306)

ASHGROVE WEST PRESCHOOL CENTRE INC COLLECTIVE AGREEMENT 2015

Educational services
COMMISSIONER ROE	SYDNEY, 15 DECEMBER 2015

Application for approval of the Ashgrove West Preschool Centre Inc Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ashgrove West Preschool Centre Inc Collective Agreement 2015 (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] Ashgrove West Preschool Centre Inc has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 December 2015 and, in accordance with s.54, will operate from 22 December 2015. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Ashgrove West Preschool Centre Inc, an incorporated association, applied for the approval of a collective agreement. The dispute arose between the applicant, the employer, and the Australian Education Union, the representative for the employees. The commission was tasked with determining whether the agreement was in the interests of the employees and met the standards set by the Fair Work Act.

The primary legal issue was whether the collective agreement provided fair terms and conditions for the employees. This included assessing whether the agreement covered all necessary aspects of employment, such as wages, hours of work, leave, and other conditions of employment. The commission also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act, including those concerning the protection of vulnerable workers and ensuring fair treatment.

The commission examined the agreement clause by clause, finding that it comprehensively addressed the employees' terms and conditions of employment. The commission was satisfied that the agreement provided for fair wages, reasonable working hours, and appropriate leave entitlements. Additionally, the commission noted that the agreement included provisions for dispute resolution and the protection of vulnerable workers, aligning with the standards set by the Fair Work Act. Based on this analysis, the commission approved the collective agreement.

The final orders of the commission were that the Ashgrove West Preschool Centre Inc Collective Agreement 2015 be approved as meeting the requirements of the Fair Work Act. This approval ensures that the agreement can be implemented and enforced, providing a framework for the terms and conditions of employment for the employees of the preschool centre.

Ashgrove West 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