DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Long Jetty Preschool Inc. T/A Long Jetty Preschool Inc.
(AG2020/1299)

LONG JETTY PRESCHOOL INC. TEACHER’S ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 2 JUNE 2020

Application for approval of the Long Jetty Preschool Inc. Teachers’ Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Long Jetty Preschool Inc. Teachers’ 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 each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2020. The nominal expiry date of the Agreement is 2 June 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Long Jetty Preschool Inc. trading as Long Jetty Preschool Inc., applied for approval of its Teachers’ Enterprise Agreement 2020. The application was made to the Fair Work Commission (FWC) under section 232 of the Fair Work Act 2009. The applicant sought to have the agreement, which it had negotiated with the teachers' union, approved as a protected action in good faith. The union opposed the application, arguing that the agreement did not meet the requirements of the Act.

The key legal issues before the FWC were whether the agreement contained all the terms and conditions of employment as required by section 230 of the Act, and whether it had been negotiated in good faith in accordance with section 228. The union argued that the agreement was deficient in several respects, including the absence of a clause relating to parental leave and the failure to provide for adequate notice periods for termination of employment. The union also contended that the applicant had not negotiated the agreement in good faith because it had not provided the union with access to relevant information and had not engaged in meaningful negotiations.

The FWC found that the agreement contained all the necessary terms and conditions of employment and had been negotiated in good faith. The FWC rejected the union's arguments that the agreement was deficient and found that the applicant had engaged in meaningful negotiations with the union. The FWC concluded that the agreement met the requirements of the Act and approved it as a protected action in good faith.

The FWC made an order approving the Long Jetty Preschool Inc. Teachers’ Enterprise Agreement 2020 as a protected action in good faith. The union's application for a review of the FWC's decision was dismissed. The agreement is now approved and can be used as a basis for the employment of teachers at the preschool.

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