Claudia Goldbatt Summary

[2025] FWCA 84

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Claudia Goldbatt

(AG2024/4742)

ARNCLIFFE PRESCHOOL INC. ENTERPRISE AGREEMENT 2024.

Children's services
DEPUTY PRESIDENT CROSS	SYDNEY, 10 JANUARY 2025

Application for approval of the Arncliffe Preschool Inc. Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Arncliffe Preschool Inc. Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Claudia Goldbatt. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2025. The nominal expiry date of the Agreement is 10 January 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the Arncliffe Preschool Inc. Enterprise Agreement 2024 was before the Fair Work Commission. The applicant, Arncliffe Preschool Inc., sought approval of the agreement which it had negotiated with the Australian Education Union NSW. The union had certified as the appropriate bargaining agent for the preschool's employees. The dispute centred around the terms and conditions of employment outlined in the agreement, including wages, hours of work, and other employment-related matters.

The primary legal issue before the Commission was whether the proposed agreement was in compliance with the Fair Work Act 2009 and met the necessary criteria for approval. This included assessing if the agreement provided for fair and reasonable terms and conditions of employment, and if it adhered to the principles of the Fair Work Act, such as promoting harmonious, productive, and cooperative workplace relations. Additionally, the Commission considered whether the agreement was genuinely negotiated and if it provided adequate protections for employees.

The Fair Work Commission found that the agreement met all the necessary legal requirements. The Commission noted that the agreement was genuinely negotiated between the parties and contained terms and conditions that were fair and reasonable. The Commission also found that the agreement adhered to the principles of the Fair Work Act and provided adequate protections for employees. Consequently, the Commission approved the Arncliffe Preschool Inc. Enterprise Agreement 2024.

The Fair Work Commission approved the Arncliffe Preschool Inc. Enterprise Agreement 2024, recognising it as compliant with the Fair Work Act and meeting the necessary criteria for approval. The Commission's decision confirms the agreement's validity, allowing the parties to implement the agreed terms and conditions of employment.

Claudia Goldbatt

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established