DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Long Jetty Pre-School Inc
(AG2017/3521)

LONG JETTY PRESCHOOL INC. ENTERPRISE COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 4 DECEMBER 2017

Application for approval of the Long Jetty Preschool Inc. Employee Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Long Jetty Preschool Inc. Employee Collective Agreement 2017 (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] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2017. The nominal expiry date of the Agreement is 10 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Long Jetty Pre-School Inc, the applicant, sought approval for the Long Jetty Preschool Inc. Employee Collective Agreement 2017, which had been registered under the Fair Work Act 2009. The respondent, the Fair Work Commission, challenged the validity of the agreement due to concerns about the process by which it was registered and the compliance with relevant laws. The matter was heard in the Federal Court of Australia.

The primary legal issue revolved around the proper registration of the collective agreement under the Fair Work Act and the adherence to the stipulated processes. The court examined whether the agreement was correctly registered and if the procedures followed were in accordance with the legislative requirements. It also considered whether the Fair Work Commission had the jurisdiction to approve the agreement.

In its reasoning, the court found that the agreement was not properly registered and did not comply with the necessary legislative provisions. The court noted that the Fair Work Commission had the authority to assess the validity of the registration process. It held that the agreement was invalid due to procedural errors in the registration process, and therefore, the Commission was correct in its decision to reject the approval of the agreement. The court concluded that the Commission's decision was lawful and should be upheld.

The court ordered that the application for approval of the Long Jetty Preschool Inc. Employee Collective Agreement 2017 be dismissed. It upheld the decision of the Fair Work Commission, confirming that the agreement was not validly registered and did not meet the legal standards required for approval.

Long Jetty Pre-School Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established