DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Budgewoi Halekulani Preschool Kindergarten Inc
(AG2020/1347)

BUDGEWOI HALEKULANI PRESCHOOL KINDERGARTEN INC. TEACHERS’ ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 28 MAY 2020

Application for approval of the Budgewoi Halekulani Preschool Kindergarten Inc. Teachers’ Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Budgewoi Halekulani Preschool Kindergarten Inc. Teachers’ Enterprise Agreement 2020 (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] 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.

[3] I observe that clause 24.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2020. The nominal expiry date of the Agreement is 27 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Budgewoi Halekulani Preschool Kindergarten Inc. for the approval of the Budgewoi Halekulani Preschool Kindergarten Inc. Teachers’ Enterprise Agreement 2020. The application was brought by the employer, and the Fair Work Commission was required to determine whether the agreement was suitable for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the formal requirements for approval, and whether the agreement provided for terms and conditions that were no less favourable than the relevant modern awards.

The Commission found that the agreement met the formal requirements for approval, as it had been certified as a bargain by an independent person and was in writing. The Commission also found that the agreement provided for terms and conditions that were no less favourable than the relevant modern awards, and that the agreement was therefore suitable for approval. In reaching this conclusion, the Commission noted that the agreement provided for a range of terms and conditions that were consistent with, or in some cases more favourable than, those contained in the relevant modern awards. The Commission also noted that the agreement provided for a process for resolving disputes between the employer and employees, which it considered to be an important feature of a modern enterprise agreement.

Accordingly, the application for approval of the Budgewoi Halekulani Preschool Kindergarten Inc. Teachers’ Enterprise Agreement 2020 was approved by the Fair Work Commission. The final orders of the Commission included an order approving the agreement, and an order that the agreement be registered with the Fair Work Commission. The agreement is now a legally binding document that governs the employment of teachers at the preschool.

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