Bexley Jack and Jill Preschool Inc Summary

[2024] FWCA 3403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bexley Jack and Jill Preschool Inc

(AG2024/3288)

BEXLEY JACK AND JILL PRESCHOOL INC. EMPLOYEE ENTERPRISE AGREEMENT

Educational services industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 27 SEPTEMBER 2024

Application for approval of the Bexley Jack and Jill Preschool Inc. Employee Enterprise Agreement

Introduction

The Independent Education Union of Australia (IEU) has made an application for approval of an enterprise agreement known as the Bexley Jack and Jill Preschool Inc. Employee Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Rate of Pay Comparison

The comparison table provided by Jack and Jill Preschool Inc (the Employer) in the Form F17A showed that Level 2.1 Children’s services employees were 0.22% below the Award and raised the concern that Level 2.1 adult and casual employees may not be considered better off overall for the purpose of s.193 of the Act.

The IEU submitted that the comparison table provided to the Commission was incorrect. The IEU subsequently provided an updated comparison table which showed that the Agreement rates were higher than the Award rates. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the Commission and do so pursuant to s.586(a) of the Act.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Schedule 3. 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Independent Education Union of Australia (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), I note that the Agreement covers the IEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2024. The nominal expiry date of the Agreement is 4 October 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of Bexley Jack and Jill Preschool Inc came before the court. The central issue was the application for approval of the Bexley Jack and Jill Preschool Inc. Employee Enterprise Agreement. The application was brought by the applicant, who sought to have the proposed enterprise agreement approved under the Fair Work Act 2009. The primary respondents were the employer, Bexley Jack and Jill Preschool Inc, and various employees who were parties to the agreement. The dispute arose from concerns over certain provisions within the agreement, which were contested by some of the respondents.

The legal issues before the court involved determining whether the agreement met the statutory requirements for approval under the Fair Work Act. This included examining whether the agreement dealt with the matters it claimed to cover, was made in good faith, and whether it complied with the provisions for employee representation. Additionally, the court had to consider whether the agreement met the test for "better off overall" for the employees involved, ensuring that the proposed terms and conditions were fair and reasonable.

The court meticulously reviewed the evidence and submissions from both the applicant and the respondents. It assessed the provisions of the agreement against the statutory criteria and found that the agreement was indeed made in good faith and covered the specified matters. The court also determined that the agreement complied with the "better off overall" test, as it provided for fair and reasonable terms and conditions for the employees. Consequently, the court approved the proposed enterprise agreement, finding that it met all the necessary legal requirements.

In conclusion, the court approved the Bexley Jack and Jill Preschool Inc. Employee Enterprise Agreement. The decision was grounded in the comprehensive examination of the agreement's provisions against the statutory criteria under the Fair Work Act, leading to the conclusion that the agreement was fair, reasonable, and met the statutory requirements for approval.

Bexley Jack and Jill Preschool Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established