DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Budgewoi Halekulani Preschool Kindergarten Inc
(AG2017/3512)

BUDGEWOI HALEKULANI PRESCHOOL KINDERGARTEN INC. EMPLOYEE COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 14 NOVEMBER 2017

Application for approval of the Budgewoi Halekulani Preschool Kindergarten Inc. Employee Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Budgewoi Halekulani Preschool Kindergarten Inc. Employee Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Budgewoi Halekulani Preschool Kindergarten 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, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2017. The nominal expiry date of the Agreement is 13 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Budgewoi Halekulani Preschool Kindergarten Inc. Employee Collective Agreement 2017. The applicant, Budgewoi Halekulani Preschool Kindergarten Inc., sought the endorsement of the agreement which outlined the terms and conditions of employment for its employees. The Fair Work Commission was tasked with determining whether the agreement complied with the requirements set forth in the Fair Work Act 2009.

The primary legal issues that the Commission had to address included whether the agreement was genuinely negotiated between the employer and the employees, whether it complied with the "better off overall test", and whether it adhered to the other statutory requirements outlined in the Fair Work Act 2009. Specifically, the Commission had to ensure that the agreement did not adversely affect the employees' rights and entitlements, and that it was free from any elements that could be considered discriminatory or otherwise unlawful.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission was satisfied that the agreement had been genuinely negotiated between the parties, and it passed the better off overall test. The agreement was deemed to be compliant with all the statutory requirements under the Fair Work Act 2009, and the Commission concluded that it did not contain any discriminatory or unlawful elements. Consequently, the Commission approved the Budgewoi Halekulani Preschool Kindergarten Inc. Employee Collective Agreement 2017.

The final orders of the Commission were that the Budgewoi Halekulani Preschool Kindergarten Inc. Employee Collective Agreement 2017 be approved and registered. The agreement would now be applicable to the employees of the preschool, providing them with the terms and conditions of employment as outlined in the approved agreement.

Budgewoi Halekulani Preschool 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