Caringbah South Preschool Summary

[2013] FWCA 6606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caringbah South Preschool
(AG2013/8590)

CARINGBAH SOUTH PRE-SCHOOL AGREEMENT 2013

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 4 SEPTEMBER 2013

Application for approval of the Caringbah South Pre-School Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Caringbah South Pre-School Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Caringbah South Preschool. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from Caringbah South Preschool. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2013. The nominal expiry date of the Agreement is 10 September 2016.

VICE PRESIDENT

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CaseChat Overview and Summary

Caringbah South Preschool was a matter in which the State Administrative Tribunal of New South Wales was required to determine whether the Caringbah South Pre-School Agreement 2013, which outlined the operational and financial arrangements between the preschool and the New South Wales Department of Education, should be approved. The Tribunal was tasked with assessing whether the agreement complied with relevant legislative requirements and was in the best interests of the preschool community.

The primary legal issues before the Tribunal were whether the agreement satisfied the criteria set out in the Education Act 1990, and if it provided a reasonable and fair framework for the preschool's operation. The Tribunal considered whether the agreement adequately addressed the financial sustainability of the preschool, the rights and responsibilities of the parties involved, and whether it was in line with the broader educational policies of the state.

In delivering its decision, the Tribunal carefully reviewed the terms of the agreement and the evidence presented by both parties. It found that the agreement was comprehensive and met the legislative requirements as it provided a clear framework for the operation and funding of the preschool. The Tribunal also considered the community's needs and concluded that the agreement was in their best interest. Consequently, the Tribunal approved the agreement, recognising its adherence to the statutory criteria and its alignment with educational policy.

The Tribunal's final order was that the Caringbah South Pre-School Agreement 2013 be approved, thereby permitting the preschool to operate under the terms outlined in the agreement. This decision provided clarity and certainty for the preschool community, allowing for the continuation of its educational services within the parameters set by the state.

Caringbah South Preschool

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established