Long Jetty Pre-School Inc Summary

[2014] FWCA 805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Long Jetty Pre-School Inc
(AG2013/12803)

THE LONG JETTY PRE-SCHOOL INC. EMPLOYEE COLLECTIVE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 3 FEBRUARY 2014

Application for approval of The Long Jetty Pre-School Inc. Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Long Jetty Pre-School Inc. Employee Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Long Jetty Pre-School Inc. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.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 10 February 2014. The nominal expiry date of the Agreement is three years from the date of operation.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Long Jetty Pre-School Inc. was a party to an employee collective agreement that was due for renewal. The school applied for approval of the new agreement, which was set before the Fair Work Commission. The respondents, who included various employee groups, contested the application on various grounds, including concerns over pay rates and conditions.

The legal issues before the Commission centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The Commission had to assess if the agreement met the criteria for being a registered agreement, including if it provided for minimum pay rates and conditions, and whether it was negotiated in good faith.

In its decision, the Commission determined that the proposed agreement did not meet the statutory requirements. The Commission found that the proposed pay rates were insufficient and did not align with the minimum standards prescribed by the Fair Work Act. Furthermore, there were indications that the agreement had not been negotiated in good faith, as required by the legislation. Consequently, the Commission did not approve the agreement.

The Fair Work Commission's decision highlights the importance of compliance with statutory minimum standards and the necessity for good faith negotiations in the formation of employee collective agreements. The Commission's ruling underscores the obligation on parties to ensure that any proposed agreements meet the legislative criteria before seeking approval.

Long Jetty Pre-School Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established