DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Long Jetty Preschool Inc. T/A Long Jetty Preschool Inc.
(AG2020/1300)

LONG JETTY PRESCHOOL INC. MISCELLANEOUS EMPLOYEES ENTERPRISE AGREEMENT 2020

Educational Services
DEPUTY PRESIDENT CROSS	SYDNEY, 2 JUNE 2020

Application for approval of the Long Jetty Preschool Inc. Miscellaneous Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Long Jetty Preschool Inc. Miscellaneous Employees 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 Long Jetty Preschool Inc. T/A Long Jetty Preschool Inc.. The Agreement is a single enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2020. The nominal expiry date of the Agreement is 2 June 2024.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Long Jetty Preschool Inc. T/A Long Jetty Preschool Inc. brought an application before the Fair Work Commission seeking approval of the Long Jetty Preschool Inc. Miscellaneous Employees Enterprise Agreement 2020. The application was brought under the Fair Work Act 2009, and the dispute involved whether the enterprise agreement met the requirements for approval and registration under the Act.

The primary legal issue the Commission had to address was whether the enterprise agreement contained all the mandatory terms required by the Fair Work Act and whether it was fairly and genuinely negotiated. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees it covered and whether it complied with the good faith bargaining provisions of the Act. The Commission also considered whether the agreement was consistent with the national minimum terms and conditions set out in the relevant award.

The Commission found that the enterprise agreement contained all the mandatory terms required by the Act and was fairly and genuinely negotiated. The Commission was satisfied that the agreement was in the best interests of the employees and that it complied with the good faith bargaining provisions. The agreement was also found to be consistent with the national minimum terms and conditions. Therefore, the Commission approved the enterprise agreement, and it was registered with the Fair Work Commission.

The final orders of the Commission were that the Long Jetty Preschool Inc. Miscellaneous Employees Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009. The agreement was to be registered from the date of the Commission's decision, and the parties were directed to take all necessary steps to give effect to the agreement. The Commission also directed that the agreement be published on the Fair Work Commission's website.

Long Jetty Preschool Inc. T/A Long Jetty Preschool Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established