DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Macarthur Preschool Inc
(AG2015/3816)

MACARTHUR PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2015

Children's services
VICE PRESIDENT CATANZARITI	MELBOURNE, 4 AUGUST 2015

Application for approval of the Macarthur Preschool Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Macarthur Preschool Employee Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Macarthur 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 Independent Education Union of Australia, 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 11 August 2015. The nominal expiry date of the Agreement is three years from the date of operation or until terminated or replaced.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Macarthur Preschool Inc applied for the approval of the Macarthur Preschool Employee Collective Agreement 2015, which governed the employment terms of its staff. The application was heard in the Fair Work Commission. The central legal issue was whether the agreement complied with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the requirements for good faith bargaining and whether it contained permissible terms and conditions.

The Commission examined the bargaining process to ascertain if it was conducted in good faith, taking into account the provisions of the Fair Work Act. It assessed whether both parties engaged in meaningful discussions and if the agreement reflected the outcomes of those negotiations. Furthermore, the Commission reviewed the contents of the agreement to ensure that it did not include any terms that were contrary to the Act or that could potentially disadvantage employees. The Commission considered the nature of the agreement, its compliance with legislative standards, and its alignment with the principles of fairness and equity.

After a thorough review, the Commission determined that the Macarthur Preschool Employee Collective Agreement 2015 met the necessary requirements for approval. It found that the bargaining process was conducted in good faith and that the agreement contained terms and conditions that were fair and equitable. The Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act. Consequently, the application for approval was successful.

The Fair Work Commission approved the Macarthur Preschool Employee Collective Agreement 2015. This decision confirmed the agreement as legally binding for the purposes of governing the employment terms of the staff at Macarthur Preschool.

Macarthur Preschool Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established