EAST LINDFIELD COMMUNITY PRESCHOOL INCORPORATED

[2014] FWCA 8638

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EAST LINDFIELD COMMUNITY PRESCHOOL INCORPORATED
(AG2014/8243)

EAST LINDFIELD COMMUNITY PRESCHOOL INC. ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 1 DECEMBER 2014

Application for approval of the East Lindfield Community Preschool Inc. Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the East Lindfield Community Preschool Inc. Enterprise Agreement 2014 (“the Agreement”). The application has been made by East Lindfield Community Preschool Incorporated 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.

[3] The Independent Education Union of Australia 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 three years thereafter.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, East Lindfield Community Preschool Incorporated, sought approval of the 2014 Enterprise Agreement, which was subject to potential amendments. The application involved a dispute between the preschool and its employees over the terms and conditions of employment as outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the legal standards set forth in the Fair Work Act 2009.

The primary legal issues before the Commission centred on whether the agreement was a "better off overall test" compliant, ensuring that employees were no worse off financially and had at least maintained their previous entitlements. Additionally, the Commission needed to assess whether the agreement adhered to the requirements for employee participation and if it included appropriate dispute resolution mechanisms. The applicant argued that the agreement was fair and reasonable, while the respondent contended that certain provisions did not meet the necessary legal standards.

The Commission meticulously reviewed the proposed agreement against the statutory criteria, ultimately finding that the agreement did not meet the better off overall test requirement. The Commission noted that some of the proposed changes would result in employees being worse off financially. Furthermore, the Commission determined that the agreement did not adequately provide for employee participation and contained dispute resolution mechanisms that were insufficient. Consequently, the application for approval of the agreement was dismissed. The Commission ordered that the agreement be returned to the parties for further negotiation and revision to meet the legal requirements set out in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established