DECISION

Fair Work Act 2009
s.185—Enterprise agreement

French-Australian Preschool Association Incorporated T/A French-Australian Preschool Association Inc
(AG2019/4151)

FRENCH AUSTRALIAN PRESCHOOL ENTERPRISE AGREEMENT 2019-2022

Children's services
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the French-Australian Preschool Enterprise Agreement 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 observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 19.1 – Entitlement to annual leave

• Clause 32.1 – Redundancy

However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2020. The nominal expiry date of the Agreement is 27 March 2022.

COMMISSIONER

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 the approval of the French-Australian Preschool Enterprise Agreement 2019-2022. The matter was heard by Commissioner E.M. Harrison, who was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The applicants were represented by counsel, and the proceedings involved assessing the fairness and compliance of the proposed agreement with relevant labour laws.

The primary legal issues before the court were whether the agreement provided for fair wages and conditions, was free from prohibited content, and was otherwise compliant with the Fair Work Act. The court had to evaluate the specific terms of the agreement against statutory benchmarks, ensuring that it did not unfairly disadvantage any party and that it adhered to the standards for enterprise agreements. Additionally, the court needed to confirm that the agreement was made in good faith and was not contrary to public policy.

In delivering the decision, Commissioner Harrison meticulously reviewed the agreement, considering the arguments presented by both parties. The commissioner found that the agreement contained provisions that were fair and reasonable, providing for appropriate wages, benefits, and working conditions. The court was satisfied that the agreement was made in good faith and was not contrary to public policy. Consequently, the commissioner approved the French-Australian Preschool Enterprise Agreement 2019-2022, confirming its compliance with the statutory requirements.

As a result of the court's approval, the French-Australian Preschool Enterprise Agreement 2019-2022 was declared to be in effect, providing a legally binding framework for the employment relationship between the preschool and its employees for the specified period. The decision was made on the basis that the agreement met all necessary criteria for approval under the Fair Work Act.

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