Gorokan Preschool Inc. Summary

[2014] FWCA 428

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gorokan Preschool Inc.
(AG2013/12817)

GOROKAN PRESCHOOL INC. EMPLOYEE COLLECTIVE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 16 JANUARY 2014

Application for approval of the Gorokan Preschool Inc. Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Gorokan Preschool Inc. Employee Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 23 January 2014. The nominal expiry date of the Agreement is three years from the date of operation.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Gorokan Preschool Inc., sought approval of the 2013 Employee Collective Agreement from the Fair Work Commission. The respondent, the Department of Education, opposed the application on the grounds that the agreement contravened the Fair Work Act 2009. The Commission was required to determine whether the agreement met the legal standards set by the Fair Work Act and associated regulations.

The primary legal issue was whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the minimum entitlements that must be included in an enterprise agreement. The Commission also had to consider whether the agreement provided for procedural fairness in relation to the consultation process with employees. This included examining whether the applicant had provided adequate information and opportunity for employees to express their views on the agreement.

The Commission found that while the agreement contained most of the required minimum entitlements, it lacked specific provisions regarding leave entitlements and procedural fairness in the consultation process. Despite these deficiencies, the Commission noted that the applicant had made efforts to consult with employees and that the agreement was beneficial overall. The Commission approved the agreement with some modifications to address the identified deficiencies. These modifications included clarifying leave entitlements and ensuring that the agreement included a process for employees to raise concerns about the agreement.

The Fair Work Commission approved the 2013 Employee Collective Agreement with the specified modifications. These changes were necessary to ensure compliance with the Fair Work Act and to address the issues of leave entitlements and procedural fairness. The Commission's decision was based on the balance of benefits and deficiencies, ultimately finding that the agreement was in the best interests of the employees and the preschool.

Gorokan Preschool Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established