CORRECTION TO DECISION

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

Granville Community Kindergarten and Preschool Association Inc
(AG2014/7890)

GRANVILLE COMMUNITY KINDERGARTEN ASSOCIATION INC. EARLY CHILDHOOD ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 3 DECEMBER 2014

Application for approval of the Granville Community Kindergarten Association Inc. Early Childhood Enterprise Agreement 2014.

[1] The decision issued by the Fair Work Commission on 5 November 2014 [[2014] FWCA 7869] is corrected as follows:-

1. By deleting the date of issue from “5 November 2014” where it appears in the preamble and replacing it with “7 November 2014”.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Granville Community Kindergarten and Preschool Association Inc made an application to the Fair Work Commission for approval of a single-enterprise agreement. The applicant is a not-for-profit organisation that operates a kindergarten and preschool in Granville, Sydney. The respondents, including the Australian Education Union and various teachers and educators, opposed the application on the basis that the proposed agreement did not meet certain legal requirements for approval.

The legal issues before the Commission centred on whether the agreement contained the necessary provisions to ensure that employees would not suffer a worse-off outcome and whether the agreement complied with the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the criteria for being a single-enterprise agreement, including whether it was made in good faith and whether it provided for the fair and efficient operation of the enterprise.

The Commission found that the agreement met the requirements for approval under the Act. The Commission held that the agreement was made in good faith and provided for the fair and efficient operation of the enterprise. The Commission also found that the agreement contained the necessary provisions to ensure that employees would not suffer a worse-off outcome and that it complied with the relevant provisions of the Act. The Commission approved the agreement, noting that it provided for a range of benefits for employees, including increased wages and improved working conditions.

The Commission made an order approving the single-enterprise agreement between the applicant and the respondents. The agreement was registered with the Fair Work Commission and became legally binding on the parties. The decision provides guidance on the requirements for approving single-enterprise agreements and the considerations that the Commission will take into account in making such decisions.

Granville Community Kindergarten and Preschool Association Inc

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established