Budgewoi Halekulani Preschool Kindergarten Inc

[2014] FWCA 4936

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Budgewoi Halekulani Preschool Kindergarten Inc
(AG2014/6601)

BUDGEWOI HALEKULANI PRESCHOOL KINDERGARTEN INCORPORATED EMPLOYEE COLLECTIVE AGREEMENT 2013

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 24 JULY 2014

Application for approval of the Budgewoi Halekulani Preschool Kindergarten Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Budgewoi Halekulani Preschool Kindergarten Employee Collective Agreement 2013 (“the Agreement”). The application has been made by Budgewoi Halekulani Preschool Kindergarten Inc (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided a written undertaking addressing a discrete matter. A copy of the undertaking is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 23 January 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Budgewoi Halekulani Preschool Kindergarten Inc, represented by the employer, and the relevant union, represented by the employee. The dispute centred around the approval of the Budgewoi Halekulani Preschool Kindergarten Employee Collective Agreement 2013. This application was heard in the Fair Work Commission, which is responsible for making decisions about workplace agreements in Australia.

The legal issues before the court involved whether the collective agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. The court also needed to consider whether the agreement complied with any relevant award or enterprise agreement, and whether it was made in accordance with the relevant provisions of the Fair Work Act.

In delivering its decision, the court found that the collective agreement met the necessary criteria for approval. The court was satisfied that the agreement had been made in good faith and provided for fair and reasonable terms and conditions of employment. The court also found that the agreement complied with any relevant award or enterprise agreement, and was made in accordance with the relevant provisions of the Fair Work Act. As a result, the court approved the Budgewoi Halekulani Preschool Kindergarten Employee Collective Agreement 2013.

The final orders of the court were that the Budgewoi Halekulani Preschool Kindergarten Employee Collective Agreement 2013 be approved and registered with the Fair Work Commission. The agreement was to be in effect from the date of the decision and would remain in force until such time as it was varied or terminated in accordance with the relevant provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established