DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berala Jack & Jill Pre-school Kindergarten Inc.
(AG2016/2573)

BERALA JACK & JILL PRE-SCHOOL KINDERGARTEN CHILD CARE EMPLOYEE AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 27 APRIL 2016

Application for approval of the Berala Jack & Jill Pre-School Kindergarten Child Care Employee Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Berala Jack & Jill Pre-School Kindergarten Child Care Employee Agreement 2016. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Berala Jack & Jill Pre-school Kindergarten Inc. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Agreement was approved on 27 April 2016 and, in accordance with s.54, will operate from 4 May 2016. The nominal expiry date of the Agreement is 27 April 2019

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Berala Jack & Jill Pre-school Kindergarten Inc. for approval of the Berala Jack & Jill Pre-School Kindergarten Child Care Employee Agreement 2016. The application was made under section 231 of the Fair Work Act 2009, seeking the Commission's approval of the agreement, which was intended to be a Registered Agreement. The applicants sought the approval as they believed the agreement would facilitate the effective operation of their child care service, ensuring it could continue to provide quality child care services while meeting the needs of their employees.

The primary legal issue before the Commission was whether the agreement met the requirements of section 230 of the Fair Work Act, which sets out the criteria for a registered agreement. This involved assessing whether the agreement was made in good faith, was free from coercion or undue influence, and provided for the prompt and equitable resolution of any disputes. The Commission also needed to determine if the agreement contained provisions that were consistent with the objectives of the Act, including promoting high levels of employment and industrial harmony.

In delivering its decision, the Commission noted that the agreement was made in good faith and was free from any form of coercion or undue influence. The agreement contained provisions for the resolution of disputes, which aligned with the objectives of the Fair Work Act. Additionally, the Commission found that the agreement provided for appropriate mechanisms to ensure the effective operation of the child care service. The Commission concluded that the agreement met all the necessary criteria under section 230 of the Fair Work Act and approved the application.

The Commission approved the application and registered the Berala Jack & Jill Pre-School Kindergarten Child Care Employee Agreement 2016 as a Registered Agreement. This decision enabled the pre-school to operate under the terms of the agreement, facilitating the provision of quality child care services while addressing the needs of its employees. The registration of the agreement provided a framework for the ongoing management of employment relations within the organisation.

Berala Jack & Jill Pre-school Kindergarten Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established