Budgewoi Halekulani Preschool Kindergarten Summary

[2014] FWCA 436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Budgewoi Halekulani Preschool Kindergarten
(AG2013/12813)

BUDEGWOI HALEKULANI PRESCHOOL KINDERGARTEN INCORPORATED EMPLOYEE COLLECTIVE AGREEMENT 2013

Children's services
VICE PRESIDENT CATANZARITI	SYDNEY, 16 JANUARY 2014

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

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

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2014. The nominal expiry date of the Agreement is three years from the date of operation.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Budegwoi Halekulani Preschool Kindergarten Incorporated applied for approval of their Employee Collective Agreement 2013. The application was made to the Fair Work Commission, which was asked to determine whether the agreement complied with the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements for approval, including whether it provided for the proper regulation of the employment conditions of the employees, and whether it was consistent with the national system for the resolution of industrial disputes.

The Commission noted that the agreement provided for the proper regulation of employment conditions, including provisions for the payment of wages, hours of work, leave entitlements, and other terms and conditions of employment. The Commission also found that the agreement was consistent with the national system for the resolution of industrial disputes, and that it did not contain any terms that were contrary to public policy or that would have an adverse effect on the national economy. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees of the Budegwoi Halekulani Preschool Kindergarten Incorporated.

The final orders of the Commission were that the Employee Collective Agreement 2013 of the Budegwoi Halekulani Preschool Kindergarten Incorporated be approved, and that it be registered with the Fair Work Commission. The Commission also ordered that the agreement be published on the Fair Work Commission's website, and that copies be provided to the parties and to the relevant industrial registries.

Budgewoi Halekulani Preschool Kindergarten

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established