DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inaburra Communications Limited as trustee for Inaburra Pre-School T/A Inaburra Pre-School
(AG2016/7520)

INABURRA PRE-SCHOOL EMPLOYEE ENTERPRISE AGREEMENT 2016-2018

Children’s services
COMMISSIONER GREGORY	MELBOURNE, 2 MARCH 2017

Application for approval of the Inaburra Pre-School Employee Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Inaburra Pre-School Employee Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inaburra Communications Limited as trustee for Inaburra Pre-School T/A Inaburra Pre-School. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2017. The nominal expiry date of the Agreement is 2 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Inaburra Communications Limited as trustee for Inaburra Pre-School, the case concerned the approval of an employee enterprise agreement for the period 2016-2018. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. The applicant, Inaburra Communications Limited, sought to have the agreement recognised as meeting the requirements for registration, while the respondents, represented by the Australian Education Union, raised concerns about the terms and conditions outlined in the agreement. The court had to resolve these issues and decide if the agreement should be approved.

The legal issues before the court centred on whether the proposed agreement complied with the provisions of the Fair Work Act, particularly in terms of its fairness, efficiency, and flexibility. The court needed to assess whether the agreement provided for adequate terms and conditions, including wages and other employment-related matters, and whether it met the statutory requirement of being in the public interest. Additionally, the court had to consider whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The court held that the agreement provided for fair and reasonable terms and conditions of employment, including adequate wages and other employment-related matters. The court also found that the agreement was made in good faith and was in the public interest. The commission was satisfied that the agreement provided for an efficient and flexible workplace and that it met the requirements for registration under the Fair Work Act. The court thus approved the Inaburra Pre-School Employee Enterprise Agreement 2016-2018.

The final orders of the court approved the Inaburra Pre-School Employee Enterprise Agreement 2016-2018, with the agreement to be registered under the Fair Work Act. The court's decision recognised the agreement as meeting the necessary standards for approval and allowed for its implementation as a binding enterprise agreement between the parties involved. The approval of the agreement provided certainty and stability for the employees and the pre-school, ensuring that the terms and conditions of employment were fair and reasonable.

Inaburra Communications Limited as trustee for Inaburra Pre-School T/A Inaburra Pre-School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established