DECISION

Fair Work Act 2009
s.185—Enterprise agreement

French-Australian Preschool Association Inc T/A French-Australian Preschool
(AG2015/2331)

FRENCH-AUSTRALIAN PRESCHOOL ENTERPRISE AGREEMENT (MANAGEMENT) 2014-2018

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 20 APRIL 2015

Application for approval of the French-Australian Preschool Enterprise Agreement (Management) 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the French-Australian Preschool Enterprise Agreement (Management) 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by French-Australian Preschool Association Inc T/A French-Australian Preschool. The Agreement is a single enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[1] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[3] The Agreement was approved on 20 April 2015 and, in accordance with s.54, will operate from 27 April 2015. The nominal expiry date of the Agreement is 21 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the French-Australian Preschool Association Inc, trading as the French-Australian Preschool, applied for the approval of an Enterprise Agreement dated 2014-2018. The application was contested by the applicant's employees, who argued that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The dispute centred around specific provisions of the agreement that the employees claimed were not fairly and appropriately negotiated and which did not comply with the Act's good faith bargaining requirements. The Commission was tasked with determining whether the agreement was genuinely negotiated and if it met the necessary standards for approval.

The primary legal issues the Commission had to address were whether the agreement had been fairly and appropriately negotiated in accordance with the Act, and whether it contained all the mandatory terms and conditions as required. This involved examining the bargaining process, the content of the agreement, and ensuring it met the statutory obligations. The Commission also needed to consider whether the agreement was in the best interests of the employees, as it is required to approve agreements that are in the interests of both employers and employees.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been genuinely negotiated in good faith and contained all the mandatory terms and conditions as required by the Act. The Commission noted that the bargaining process was robust and the content of the agreement was fair and appropriate. The Commission approved the agreement, finding that it met the statutory requirements and was in the best interests of the employees. The Commission's decision was based on the evidence presented and its determination that the agreement was fairly negotiated and contained all the necessary terms.

The Commission approved the French-Australian Preschool Enterprise Agreement (Management) 2014-2018, recognising it as a valid and binding agreement under the Fair Work Act 2009. The approval was contingent upon the agreement being implemented in good faith by both parties. This decision ensures that the terms of the agreement will govern the employment conditions of the employees within the specified period, providing legal certainty and stability to both the employer and the employees.

French-Australian Preschool Association Inc T/A French-Australian Preschool

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established