DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blayney Pre School Inc
(AG2016/5501)

BLAYNEY PRE SCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2016

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 19 SEPTEMBER 2016

Application for approval of the Blayney Pre School Employee Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Blayney Pre School Employee Collective 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 Blayney Pre School Inc. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54, will operate from 26 September 2016. The nominal expiry date of the Agreement is 26 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Blayney Pre School Inc, sought the approval of the Industrial Relations Commission of New South Wales for the Blayney Pre School Employee Collective Agreement 2016. This application arose from a dispute between the applicant and the union representing its employees. The union had previously negotiated the agreement on behalf of its members and sought approval of the agreement from the Commission. The applicant opposed the application, arguing that the agreement did not comply with certain legislative requirements.

The primary issue before the Commission was whether the agreement met the necessary legislative criteria for approval. This included examining whether the agreement provided for the payment of wages and other benefits, the provision of reasonable working hours, and whether the agreement complied with the relevant provisions of the relevant industrial instruments. The Commission also needed to determine whether the agreement was consistent with the provisions of the Fair Work Act 2009.

The Commission held that the agreement met the necessary legislative requirements for approval. The Commission found that the agreement provided for the payment of wages and other benefits, as well as reasonable working hours. The Commission also found that the agreement was consistent with the provisions of the relevant industrial instruments and the Fair Work Act. The Commission noted that while there were some minor issues with the agreement, these did not prevent the agreement from being approved. The Commission approved the agreement subject to certain modifications to address the minor issues identified.

The Commission ordered that the Blayney Pre School Employee Collective Agreement 2016 be approved subject to the modifications outlined in the decision. The applicant and the union were directed to work together to finalise the modified agreement and lodge it with the Commission for final approval. The applicant and the union were also directed to take all necessary steps to ensure that the modified agreement was brought into effect as soon as possible.

Blayney Pre School Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established