Condy Park Preschool & Kindergarten Association Inc.

[2013] FWCA 3260

FAIR WORK COMMISSION

DECISION

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

Condy Park Preschool & Kindergarten Association Inc.
(AG2013/1141)

CONDY PARK PRESCHOOL & KINDERGARTEN ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER SIMPSON	BRISBANE, 23 MAY 2013

Application for approval of the Condy Park Preschool & Kindergarten Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Condy Park Preschool & Kindergarten Enterprise 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 Condy Park Preschool & Kindergarten Association Inc. 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 Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 30 May 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Condy Park Preschool & Kindergarten Association Inc. brought an application to the Fair Work Commission for approval of the Condy Park Preschool & Kindergarten Enterprise Agreement 2013. The application was opposed by the National Education Union of Australia. The dispute centred around the terms of the enterprise agreement, particularly those related to employee entitlements, working conditions, and procedural fairness. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues the Commission had to decide were whether the agreement provided for procedural fairness and whether it contained all the mandated terms as required by the Act. The Commission also needed to assess if the agreement was made in the absence of any coercion, duress, or unfair bargaining practices. Furthermore, the Commission considered whether the agreement facilitated the effective operation of the preschool and kindergarten by ensuring it could function as a small business.

In reaching its decision, the Commission reviewed the bargaining process and the contents of the agreement. It found that the agreement had been made without any improper influences and contained all the mandated terms. The Commission was satisfied that the agreement provided for procedural fairness and did not impede the effective operation of the preschool and kindergarten. Consequently, the Commission approved the agreement, finding it met the necessary legal standards.

The Fair Work Commission approved the Condy Park Preschool & Kindergarten Enterprise Agreement 2013, recognising its compliance with the statutory requirements under the Fair Work Act 2009. The decision underscored the importance of procedural fairness and the mandated terms in enterprise agreements, while also affirming the need for such agreements to support the operational efficiency of small businesses.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established