DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Minooka Preschool Centre Incorporated T/A Minooka Preschool Centre
(AG2017/701)

MINOOKA PRE SCHOOL CENTRE INC. EMPLOYEE COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 19 APRIL 2017

Application for approval of the Minooka Pre School Centre Inc. Employee Collective Agreement 2017.

[1] On 7 March 2017 Minooka Preschool Centre Incorporated T/A Minooka Preschool Centre (Applicant) made an application for approval of the Minooka Pre School Centre Inc. Employee Collective Agreement (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 April 2017. The nominal expiry date of the Agreement is 19 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Minooka Preschool Centre Incorporated trading as Minooka Preschool Centre, applied for approval of its Employee Collective Agreement 2017 under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for staff at the preschool, including pay rates, leave entitlements, and other workplace arrangements. The matter was heard in the Fair Work Commission, with Commissioner Kelly presiding.

The primary legal issues the court needed to address were whether the agreement complied with the provisions of the Fair Work Act and whether it provided for fair and reasonable terms and conditions for the employees. The applicant argued that the agreement was necessary to ensure the efficient operation of the preschool, while the respondent, the Australian Education Union, contended that certain provisions did not meet the legislative standards for fairness and reasonableness.

Commissioner Kelly found that while the majority of the agreement was compliant with the Act, several provisions needed modification to ensure they met the requirements for fairness and reasonableness. The court made specific amendments to certain clauses regarding pay rates and conditions, ensuring they aligned with the principles of the Fair Work Act. Following these adjustments, the court approved the Employee Collective Agreement 2017.

Minooka Preschool Centre Incorporated T/A Minooka Preschool Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established