DECISION

Fair Work Act 2009
s.185—Enterprise agreement

French-Australian Preschool Association Incorporated T/A French-Australian Preschool Association Inc
(AG2019/4145)

FRENCH-AUSTRALIAN PRESCHOOL ENTERPRISE AGREEMENT (MANAGEMENT) 2019-2022

Children's services
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 FEBRUARY 2020

Application for approval of the French-Australian Preschool Enterprise Agreement (Management) 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the French-Australian Preschool Enterprise Agreement (Management) 2019-2022 (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 Incorporated T/A French-Australian Preschool Association Inc. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] 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.

[5] I note that Clauses 14.1 and 27 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 2 of the undertaking provided, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2020. The nominal expiry date of the Agreement is 21 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The French-Australian Preschool Association Incorporated, trading as the French-Australian Preschool Association Inc, applied to the Fair Work Commission for approval of the French-Australian Preschool Enterprise Agreement (Management) 2019-2022. The applicant sought to have the agreement approved under the streamlined process as it had been agreed to by the majority of the employees in the relevant bargaining unit. The Fair Work Commission was required to determine whether the agreement was in the public interest and whether the streamlined approval process was appropriate.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement provided for a fair and efficient workplace, was consistent with the principles of the Fair Work Act, and whether the streamlined process was appropriate. The Commission also considered whether the agreement was likely to have a detrimental effect on the applicant's financial viability. The applicant argued that the agreement was in the public interest and provided for a fair and efficient workplace, while the Commission needed to consider whether the agreement met the criteria for approval.

The Commission found that the agreement provided for a fair and efficient workplace and was consistent with the principles of the Fair Work Act. The Commission considered that the agreement provided for a reasonable balance between the interests of the employer and the employees, and did not have a detrimental effect on the financial viability of the applicant. The Commission also found that the streamlined approval process was appropriate in this case, as the majority of employees in the relevant bargaining unit had agreed to the agreement. The Commission approved the agreement under the streamlined process.

The Fair Work Commission approved the French-Australian Preschool Enterprise Agreement (Management) 2019-2022 under the streamlined process. The Commission found that the agreement was in the public interest and provided for a fair and efficient workplace. The Commission also found that the agreement did not have a detrimental effect on the financial viability of the applicant and that the streamlined approval process was appropriate in this case.

French-Australian Preschool Association Incorporated T/A 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