DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Lindfield Community Preschool Incorporated
(AG2017/6337)

EAST LINDFIELD COMMUNITY PRESCHOOL INC. ENTERPRISE AGREEMENT 2017

Children’s services
COMMISSIONER JOHNS	SYDNEY, 4 JUNE 2018

Application for approval of the East Lindfield Community Preschool Inc. Enterprise Agreement 2017

[1] An application has been made for approval of an enterprise agreement known as the East Lindfield Community Preschool Inc. Enterprise Agreement 201 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by East Lindfield Community Preschool Incorporated. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2018. The nominal expiry date of the Agreement is 4 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

East Lindfield Community Preschool Incorporated, the applicant, sought approval of an enterprise agreement from the Fair Work Commission. The dispute centred on the terms of the proposed 2017 agreement and its compliance with relevant federal legislation. The matter was heard by Commissioner Ryan.

The central issue for the court was whether the proposed agreement was in compliance with the requirements of the Fair Work Act 2009, specifically whether it met the criteria for being a "certified agreement" as per section 172. The applicant needed to demonstrate that the agreement had been made in good faith and was appropriate for the employees involved. Additionally, the court had to consider if the agreement provided adequate protection for employees and whether it was fair and reasonable.

The court examined the process by which the agreement was negotiated and the terms contained within it. It found that the agreement was made in good faith and was appropriate for the employees. The court also determined that the agreement provided adequate protection for employees, as it contained provisions that were fair and reasonable. The terms regarding wages, conditions of employment, and other aspects of the employment relationship were considered to be balanced and appropriate. The court concluded that the agreement met the statutory requirements and granted approval for the proposed enterprise agreement.

The final orders included the approval of the East Lindfield Community Preschool Inc. Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms were to be binding on all parties as per the provisions of the Fair Work Act 2009.

East Lindfield Community Preschool Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established