DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cronulla Preschool Kindergarten Inc T/A Cronulla Preschool
(AG2017/6087)

CRONULLA PRESCHOOL KINDERGARTEN INC TEACHERS AGREEMENT 2017

Children’s services
COMMISSIONER JOHNS	SYDNEY, 7 MAY 2018

Application for approval of the Cronulla Preschool Kindergarten Inc Teachers Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cronulla Preschool Kindergarten Inc Teachers Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cronulla Preschool Kindergarten Inc T/A Cronulla Preschool. 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cronulla Preschool Kindergarten Inc, trading as Cronulla Preschool, applied to the Fair Work Commission for approval of the Cronulla Preschool Kindergarten Inc Teachers Agreement 2017. The application was made under section 231 of the Fair Work Act 2009, seeking an approval order that would make the agreement applicable to teachers employed by the respondent.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, particularly in terms of its coverage, the process by which it was negotiated, and whether it complied with the Act's object of providing for fair work practices and workplace relations. Additionally, the Commission had to consider whether the agreement was in the interests of the teachers and the broader community.

The Fair Work Commission found that the agreement met the necessary criteria. The Commission noted that the agreement was negotiated in good faith and covered a broad range of terms and conditions of employment. The Commission also found that the agreement provided for fair work practices and workplace relations, and was in the interests of the teachers and the community. Accordingly, the Commission approved the agreement and made an order that it would be applicable to the teachers from a specified date.

The Fair Work Commission's decision was that the Cronulla Preschool Kindergarten Inc Teachers Agreement 2017 was approved and made applicable to the teachers. The order was made under section 231 of the Fair Work Act 2009, and the agreement will now regulate the terms and conditions of employment for the teachers covered by it.

Cronulla Preschool Kindergarten Inc T/A Cronulla Preschool

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established