DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Maitland Preschool Association Inc. T/A East Maitland Preschool
(AG2017/6096)

EAST MAITLAND PRESCHOOL ASSOCIATION INC. TEACHERS COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 21 DECEMBER 2017

Application for approval of the East Maitland Preschool Association Inc. Teachers Collective Agreement 2017.

[1] On 7 December 2017 East Maitland Preschool Association Inc. T/A East Maitland Preschool (Applicant) made an application for approval of the East Maitland Preschool Association Inc. Teachers Collective Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 December 2017. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The East Maitland Preschool Association Inc. sought approval for its Teachers Collective Agreement 2017. The application was heard by the Fair Work Commission, which needed to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The key issues before the Commission were whether the agreement provided fair and reasonable terms and conditions, and whether it was consistent with the relevant public policy considerations, including the promotion of harmonious, productive, and cooperative employer-employee relations.

The Commission considered the submissions from both parties and examined the content of the agreement. It found that the agreement provided for fair and reasonable terms and conditions for the employees, including appropriate pay rates, leave entitlements, and other employment conditions. The Commission also found that the agreement was consistent with relevant public policy considerations, including the promotion of harmonious, productive, and cooperative employer-employee relations. The Commission approved the agreement, subject to certain conditions, including the requirement that the association provide the Commission with certain information and data.

The Fair Work Commission approved the East Maitland Preschool Association Inc. Teachers Collective Agreement 2017, subject to certain conditions. The decision provides guidance for employers and employees in the early childhood education sector on the requirements for an approved collective agreement. The decision also reinforces the importance of promoting fair and reasonable terms and conditions for employees, as well as the promotion of harmonious, productive, and cooperative employer-employee relations. The final orders of the Commission included the approval of the agreement, with certain conditions attached, and the requirement for the association to provide certain information and data to the Commission.

East Maitland Preschool Association Inc. T/A East Maitland Preschool

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established