Goonellabah Pre-School Inc. Summary

[2013] FWCA 5829

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Goonellabah Pre-School Inc.
(AG2013/8032)

GOONELLABAH PRE-SCHOOL KINDERGARTEN INC. EMPLOYEE’S OTHER THAN TEACHERS COLLECTIVE AGREEMENT 2013

Children's services
COMMISSIONER MCKENNA	SYDNEY, 16 AUGUST 2013

Application for approval of the Goonellabah Pre-School Kindergarten Inc. Employee’s other than Teachers Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goonellabah Pre-School Kindergarten Inc. Employee’s other than Teachers Collective Agreement 2013 (“the Agreement”). The application has been made by Goonellabah Pre-School Inc. (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. I note there is a typographical error in the Agreement regarding the specific nominal expiry date. After hearing submissions, I note the nominal expiry date is 31 January 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Goonellabah Pre-School Inc. applied to the Fair Work Commission for approval of the Goonellabah Pre-School Kindergarten Inc. Employee’s Other than Teachers Collective Agreement 2013. The application was opposed by the Registered Organisations of Australia, the relevant union. The Fair Work Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement was in the public interest, whether it complied with the Good Faith Bargaining requirement and whether it provided for a genuine agreement.

The Commission found that the application met the requirements for approval. The agreement provided for a genuine agreement, as the union had been involved in the bargaining process. The Commission was satisfied that the agreement was in the public interest as it provided for a safe and efficient workplace, and it complied with the Good Faith Bargaining requirement. The Commission also noted that the agreement provided for the fair treatment of employees, and it was not contrary to public policy.

As a result, the Commission approved the application for the Goonellabah Pre-School Kindergarten Inc. Employee’s Other than Teachers Collective Agreement 2013. The union’s opposition was dismissed, and the agreement was approved as a registered agreement. The Fair Work Commission emphasised that the agreement must be implemented in good faith and that any disputes must be referred to the Commission for resolution. The Commission also noted that the agreement was subject to the usual protections and enforcement mechanisms available under the Fair Work Act 2009.

Goonellabah Pre-School Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established