DECISION

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

Banks Street Newmarket Community Preschooling Centre Incorporated
(AG2020/181)

BANKS STREET NEWMARKET COMMUNITY PRESCHOOLING CENTRE INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER SIMPSON	BRISBANE, 12 MARCH 2020

Application for approval of the Banks Street Newmarket Community Preschooling Centre Inc Early Childhood Education Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Banks Street Newmarket Community Preschooling Centre Inc Early Childhood Education Collective Agreement 2019 (the Agreement). The Applicant was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It has been made by Banks Street Newmarket Community Preschooling Centre Incorporated (the Applicant).

[2] The Agreement is a single enterprise agreement.

[3] The Application was filed 48 days out of time. The Applicant submitted that a previous application was lodged on the 12^th December 2019 (AG2019/4836) (the Original Application). The Original Application was filed within time, however the Applicant submitted it determined to withdraw the Original Application to correct a number of errors.

[4] I am satisfied by the explanation provided by the Applicant and exercise my discretion under s.185(3)(b) of the Act to extend time.

[5] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Banks Street Newmarket Community Preschooling Centre Incorporated applied to the Fair Work Commission for the approval of the Early Childhood Education Collective Agreement 2019. The application was made under section 234 of the Fair Work Act 2009. The Commission was required to decide whether the agreement should be approved and registered, considering various factors, including whether it would provide for fair and equitable terms and conditions and whether it would facilitate the efficient and productive operation of the relevant industry.

The Commission identified that the agreement provided for a range of terms and conditions, including wages, leave entitlements, and working hours. The Commission also noted that the agreement contained provisions that were designed to facilitate the efficient and productive operation of the early childhood education industry, such as provisions that allowed for flexible working arrangements and provisions that provided for the development of a workplace health and safety management plan. The Commission concluded that the agreement was appropriate for registration and approval, as it provided for fair and equitable terms and conditions and facilitated the efficient and productive operation of the industry.

Consequently, the Commission approved and registered the Early Childhood Education Collective Agreement 2019. The Commission also made an order that the agreement be published on the Fair Work Commission's website. The decision provides guidance to employers and employees in the early childhood education industry on the terms and conditions that should be included in a collective agreement. It also provides a framework for the resolution of disputes in the industry and promotes the efficient and productive operation of the industry.

Banks Street Newmarket Community Preschooling Centre Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established