DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inaburra Communications Limited as trustee for Inaburra Preschool T/A Inaburra Preschool
(AG2020/2871)

INABURRA PRE-SCHOOL EMPLOYEE ENTERPRISE AGREEMENT 2020-2024

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 NOVEMBER 2020

Application for approval of the Inaburra Pre-school Employee Enterprise Agreement 2020-2024.

[1] Inaburra Communications Limited as trustee for Inaburra Preschool T/A Inaburra Preschool (the Employer) has made an application for approval of an enterprise agreement known as the Inaburra Pre-school Employee Enterprise Agreement 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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] I observe that clauses 29.6(a), 30.1(a-c) and 30.1(c)(ii) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 4 November 2020 and, in accordance with s 54, will operate from 11 November 2020. The nominal expiry date of the Agreement is 4 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Inaburra Communications Limited as trustee for Inaburra Preschool T/A Inaburra Preschool, sought approval of the Inaburra Pre-school Employee Enterprise Agreement 2020-2024. The applicant argued that the agreement was made in good faith and contained necessary terms. The Commission had to decide whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the provisions of the Fair Work Act 2009, specifically whether it contained the necessary terms as per section 232 of the Act and was made in good faith as per section 231. The applicant needed to demonstrate that the agreement was negotiated genuinely and in good faith, and it contained all required terms. The Commission had to assess the fairness of the agreement, its negotiation process, and whether it met the criteria for approval.

The Commission found that the agreement contained all necessary terms and was made in good faith. The applicant demonstrated that the agreement was negotiated genuinely and was fair and reasonable. The negotiation process was transparent, and the agreement reflected the needs of both parties. The Commission was satisfied that the agreement met the legal requirements for approval. The Commission approved the agreement, finding that it was a genuine agreement and contained all necessary terms.

The Commission approved the Inaburra Pre-school Employee Enterprise Agreement 2020-2024. The applicant was required to provide a copy of the approved agreement to the Fair Work Ombudsman within 14 days of the decision. The approval was effective from the date of the decision.

Inaburra Communications Limited as trustee for Inaburra Preschool T/A Inaburra Preschool

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established