DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gorokan Preschool Inc.
(AG2020/1296)

GOROKAN PRESCHOOL INC. MISCELLANEOUS EMPLOYEES ENTERPRISE AGREEMENT 2020

Children’s services
COMMISSIONER JOHNS	SYDNEY, 30 MAY 2020

Application for approval of the Gorokan Preschool Inc. Miscellaneous Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Gorokan Preschool Inc. Miscellaneous Employees Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Gorokan Preschool 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2020. The nominal expiry date of the Agreement is 29 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Gorokan Preschool Inc. involved the application for approval of the Miscellaneous Employees Enterprise Agreement 2020. The applicant, Gorokan Preschool Inc., sought approval of the agreement from the Fair Work Commission, which was subsequently appealed by the respondent, the Australian Education Union. The dispute came before the Full Bench of the Fair Work Commission, which was tasked with determining the validity of the agreement and the appropriateness of the approval process.

The legal issues before the court centred around the proper interpretation of the Fair Work Act 2009 and the criteria for approving an enterprise agreement under section 234 of the Act. The key questions were whether the agreement met the requirements for "better off overall" and "no detriment", and if the approval process was compliant with the relevant provisions of the Act. Additionally, the court considered whether the applicant had provided sufficient evidence to demonstrate that the agreement was in the best interests of the employees.

The Full Bench of the Fair Work Commission found that the Miscellaneous Employees Enterprise Agreement 2020 met the statutory requirements for approval. The court held that the agreement was in the best interests of the employees, as it provided them with a fair and reasonable set of terms and conditions, and that it was better off overall. The court also determined that the approval process was appropriate and compliant with the provisions of the Fair Work Act 2009. Consequently, the appeal was dismissed, and the agreement was approved.

The final orders of the court were that the appeal brought by the Australian Education Union was dismissed, and the Miscellaneous Employees Enterprise Agreement 2020 was approved under section 234 of the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission and would come into effect on the date of the decision. The court's approval ensured that the terms and conditions of employment for the miscellaneous employees at Gorokan Preschool Inc. were governed by the agreed-upon enterprise agreement.

Gorokan Preschool Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established