DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gorokan Preschool Incorporated
(AG2017/3409)

GOROKAN PRESCHOOL INC. EMPLOYEE COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the Gorokan Preschool Inc. Employee Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Gorokan Preschool Inc. Employee Collective Agreement 2017 (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] The Applicant 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.

[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 16 November 2017. The nominal expiry date of the Agreement is 8 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Gorokan Preschool Incorporated involved an application for the approval of the Employee Collective Agreement 2017 by the Fair Work Commission. The applicant, Gorokan Preschool Incorporated, sought the approval of the agreement which outlines the terms and conditions of employment for its staff. The dispute arose from negotiations between the applicant and the relevant union, leading to the need for the Commission's intervention to ensure the agreement was fair and met the legal requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the necessary criteria for approval under the Fair Work Act and whether it was consistent with the principles of procedural fairness. Specifically, the Commission had to determine if the agreement contained all the mandatory terms required by the Act, and if the process of reaching the agreement was fair and transparent. The union raised concerns about certain aspects of the agreement, including provisions related to employee rights and obligations, which necessitated a thorough examination by the Commission.

The Fair Work Commission found that the Employee Collective Agreement 2017 was largely consistent with the mandatory terms required by the Fair Work Act. The Commission noted that while there were some procedural issues in the negotiation process, these did not significantly impact the fairness or validity of the agreement. The Commission concluded that the agreement provided a fair and reasonable set of terms for the employees and was in line with the overarching principles of the Act. Consequently, the Commission approved the agreement, subject to minor modifications to address the procedural concerns raised.

The final orders of the Commission were that the Gorokan Preschool Incorporated Employee Collective Agreement 2017 be approved, with the understanding that any future negotiations must adhere strictly to the procedural fairness requirements stipulated by the Fair Work Act. The union's concerns were addressed through specific amendments to certain clauses, ensuring that the agreement would be fair and equitable for all parties involved.

Gorokan Preschool Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established