Cronulla Preschool Kindergarten Incorporated Summary

[2014] FWCA 4045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cronulla Preschool Kindergarten Incorporated
(AG2014/1378)

CRONULLA PRESCHOOL KINDERGARTEN INC. TEACHERS ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 23 JUNE 2014

The Cronulla Preschool Kindergarten Inc. Teachers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cronulla Preschool Kindergarten Inc. Teachers Enterprise Agreement 2014 (“the Agreement”). The application has been made by Cronulla Preschool Kindergarten Incorporated (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, I also note, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement

[3] The IEU concurs with the content of the undertakings and has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date is 31 December 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cronulla Preschool Kindergarten Incorporated was the plaintiff in a dispute brought before the Fair Work Commission. The kindergarten sought a declaration that a clause in the Cronulla Preschool Kindergarten Inc. Teachers Enterprise Agreement 2014 was inconsistent with the Fair Work Act 2009. The dispute centred around a clause that restricted the application of the agreement to kindergartens with a certain number of authorised teachers. The kindergarten argued that the clause was overly restrictive and potentially prevented them from accessing full benefits of the enterprise agreement. The Fair Work Commission was tasked with determining the validity of the clause in light of the Fair Work Act.

The primary legal issue before the Commission was whether the clause limiting the agreement to kindergartens with a specific number of authorised teachers was consistent with the Fair Work Act. The Commission needed to assess if this limitation was reasonable and necessary for the proper operation of the agreement. The Commission also considered whether the clause was consistent with the broader principles of the Fair Work Act, which aims to promote fair and efficient workplace relations. The central question was whether the clause effectively restricted the application of the agreement in a way that was not justified under the Act.

In its decision, the Commission found that the clause limiting the agreement to kindergartens with a specified number of authorised teachers was inconsistent with the Fair Work Act. The Commission determined that the clause was overly restrictive and did not align with the principles of the Act, which seeks to ensure fair and efficient workplace relations. The Commission noted that the clause potentially prevented the kindergarten from accessing the full benefits of the enterprise agreement, which was contrary to the intent of the Act. Consequently, the clause was deemed inconsistent with the Fair Work Act, and the Commission made a declaration to that effect.

The Fair Work Commission declared that the clause in the Cronulla Preschool Kindergarten Inc. Teachers Enterprise Agreement 2014 was inconsistent with the Fair Work Act. This decision allows the kindergarten to apply for a variation of the agreement, potentially enabling them to access the full benefits of the enterprise agreement without the restrictive clause. The Commission's decision underscores the importance of ensuring that enterprise agreements are not overly restrictive and align with the principles of fair and efficient workplace relations as intended by the Fair Work Act.

Cronulla Preschool Kindergarten Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established