DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Maitland Preschool Association Inc
(AG2014/10688)

EAST MAITLAND PRESCHOOL ASSOCIATION INC CHILD CARE EMPLOYEES COLLECTIVE AGREEMENT 2014

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 30 MARCH 2015

Application for approval of the East Maitland Preschool Association Inc Child Care Employees Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the East Maitland Preschool Association Inc Child Care Employees Collective Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the East Maitland Preschool Association Inc. 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 as are relevant to this application for approval have been met.

[3]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2015. The nominal expiry date of the Agreement is 1 July 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of East Maitland Preschool Association Inc, the Fair Work Commission was presented with an application for the approval of the 2014 Child Care Employees Collective Agreement. The applicant, East Maitland Preschool Association Inc, sought to have the agreement approved under the Fair Work Act 2009. The nature of the dispute involved the interpretation and application of provisions within the Act, specifically those concerning the approval of agreements affecting child care employees.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements for approval and if it met the standards for good faith bargaining and fair terms and conditions of employment. The Commission had to examine the agreement's provisions to ensure they aligned with the legislative framework and the principles of industrial justice.

The Commission found that the agreement met the necessary criteria for approval. It was determined that the agreement was the product of good faith bargaining, as both parties had engaged in meaningful discussions and negotiations. The terms and conditions outlined in the agreement were deemed fair and reasonable, taking into account the specific needs of child care employees. The Commission was satisfied that the agreement provided for appropriate terms and conditions, including remuneration, hours of work, and other employment-related matters, which were in line with the Fair Work Act. Consequently, the Commission approved the agreement, recognising its compliance with the statutory requirements and its alignment with the principles of industrial justice.

The final orders included the approval of the 2014 Child Care Employees Collective Agreement, effective from the date of the Commission's decision. The agreement was to be registered and would apply to the relevant employees, governing their terms and conditions of employment.

East Maitland Preschool Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established