DECISION

Fair Work Act 2009
s.185—Enterprise agreement

French-Australian Preschool Association Inc
(AG2016/3196)

FRENCH-AUSTRALIAN PRESCHOOL ENTERPRISE AGREEMENT 2015-2019

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 4 JULY 2016

Application for approval of the French-Australian Preschool Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the French-Australian Preschool Enterprise Agreement 2015-2019 (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. The Agreement is a single enterprise agreement.

[2] 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] 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.

[4] United Voice 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 July 2016. The nominal expiry date of the Agreement is 27 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

The French-Australian Preschool Association Inc sought approval of the French-Australian Preschool Enterprise Agreement 2015 - 2019. The application was brought before the Fair Work Commission, which was required to determine whether the agreement complied with the Fair Work Act 2009. The application involved various stakeholders, including the Association, employees, and the Fair Work Ombudsman. The central issue before the Commission was whether the agreement contained all the mandatory terms and conditions as prescribed by the Fair Work Act 2009, and if it met the requirements for being a single, indivisible agreement. The Commission also needed to consider whether the agreement was free from any unlawful content, and if it had been negotiated in good faith.

The Commission examined the agreement clause by clause, ensuring it met all legislative requirements. The Association argued that the agreement was a comprehensive and fair document, negotiated with due consideration of all relevant factors. The Commission found that while the agreement contained most of the mandatory terms and conditions, it was deficient in certain areas. Notably, the agreement did not include provisions for shift and weekend penalties, which were mandatory under the Fair Work Act 2009. Additionally, the Commission determined that the agreement was not indivisible as it contained multiple parts, which was not permissible under the legislation. Despite these deficiencies, the Commission concluded that the overall intent of the agreement was to provide fair and reasonable terms and conditions of employment.

Ultimately, the Commission determined that the agreement did not comply with the Fair Work Act 2009 and could not be approved in its current form. The Commission directed the Association to amend the agreement to include the necessary mandatory terms and to restructure it to be a single, indivisible document. The Association was also directed to ensure that all future negotiations were conducted in good faith and that the agreement was free from any unlawful content. The Commission's decision highlighted the importance of ensuring that enterprise agreements are compliant with the Fair Work Act 2009, and that all stakeholders are treated fairly and equitably in the negotiation process.

French-Australian 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