DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jesmond Community Pre-School Association Inc
(AG2020/3262)

JESMOND COMMUNITY PRESCHOOL ASSOCIATION INC. ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 NOVEMBER 2020

Application for approval of the Jesmond Community Preschool Association Inc. Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Jesmond Community Preschool Association Inc. Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jesmond Community Pre-School Association 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 Independent Education Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2020. The nominal expiry date of the Agreement is 17 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Jesmond Community Pre-School Association Inc. for the approval of its Enterprise Agreement 2020. The dispute arose between the Association and its employees, who were represented by the Australian Education Union. The applicants sought to have the agreement certified as a lawful and valid enterprise agreement under the Fair Work Act 2009. The legal issues before the court involved determining whether the agreement complied with the procedural and substantive requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the court had to assess whether the agreement was made in good faith, whether it was covered by the appropriate bargaining representatives, and if it contained all the required terms and conditions of employment.

In delivering its decision, the Fair Work Commission considered the submissions from both parties and the evidence presented. The Commission noted that the agreement had been negotiated in good faith and that the applicants had provided sufficient evidence to demonstrate that the agreement was made without any coercion or improper influence. The court also found that the Australian Education Union was the appropriate bargaining representative for the employees. The Commission further examined the substantive provisions of the agreement and concluded that it met all the necessary requirements under the Fair Work Act and the Fair Work Regulations. The agreement included all the mandated terms and conditions of employment, such as minimum wages, penalty rates, leave entitlements, and other employment-related matters. Consequently, the court approved the Enterprise Agreement 2020 as a lawful and valid enterprise agreement.

The court ordered that the Jesmond Community Pre-School Association Inc. Enterprise Agreement 2020 be certified as a lawful and valid enterprise agreement. The agreement was to be registered with the Fair Work Commission and would apply to the employees represented by the Australian Education Union. The decision was made in accordance with the Fair Work Act 2009 and the Fair Work Regulations, ensuring that the rights and obligations of both the Association and its employees were protected. The court's approval of the agreement provided certainty and stability in the employment relationship between the parties, promoting a harmonious workplace environment.

Jesmond Community Pre-School Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established