DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gorokan Preschool Inc.
(AG2020/1297)

GOROKAN PRESCHOOL INC. TEACHERS’ ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 25 MAY 2020

Application for approval of the Gorokan Preschool Inc. Teachers’ Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Gorokan Preschool Inc. Teachers’ 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] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2020. The nominal expiry date of the Agreement is 24 May 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Gorokan Preschool Inc., sought approval of the Teachers’ Enterprise Agreement 2020, which governs the employment terms of its teachers. The applicant contended that the agreement, which had been negotiated in good faith and included provisions for wages, hours of work, and other employment conditions, was fair and reasonable for the purposes of the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for approval under the Act.

The central legal issue before the Commission was whether the proposed agreement was fair and reasonable in all its terms. The Commission had to consider various factors, including the nature of the workplace, the bargaining power of the parties, and the overall fairness of the agreement. The applicant argued that the agreement was the result of genuine negotiations and reflected a balance of interests between the employer and the employees. The Commission needed to assess whether the agreement adequately addressed the needs and interests of both parties and whether it complied with the relevant provisions of the Fair Work Act.

The Commission found that the agreement had been negotiated in good faith and reflected a fair and reasonable balance of interests. The applicant demonstrated that it had engaged in meaningful negotiations with the teachers and that the agreement contained provisions that were fair and reasonable in all its terms. The Commission considered the evidence presented by the applicant and concluded that the agreement met the criteria for approval under the Fair Work Act. The Commission approved the Teachers’ Enterprise Agreement 2020, noting that it provided a fair and reasonable framework for the employment of teachers at the preschool.

No further orders were made by the Commission. The approval of the agreement means that it is now legally binding on the parties, and any disputes arising under the agreement can be resolved in accordance with its terms.

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