DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Minooka Preschool Centre Incorporated T/A Minooka Preschool Centre
(AG2019/4915)

MINOOKA PRE SCHOOL CENTRE INC. EMPLOYEE COLLECTIVE AGREEMENT 2020

Children’s services
COMMISSIONER JOHNS	SYDNEY, 11 FEBRUARY 2020

Application for approval of the Minooka Pre School Centre Inc. Employee Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Minooka Pre School Centre Inc. Employee Collective Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Minooka Preschool Centre Incorporated T/A Minooka Preschool Centre. The Agreement is a single enterprise agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Minooka Preschool Centre Incorporated, trading as the Minooka Preschool Centre, sought approval of its Employee Collective Agreement 2020. The application was made under the Fair Work Act 2009, specifically section 233, which pertains to the approval of an agreement by a majority of employees. The dispute centred on the procedural validity of the agreement and its compliance with the Act.

The legal issues before the Commission were whether the agreement had been appropriately certified by the Australian Building and Construction Commission and whether it adhered to the legislative requirements concerning employee representation and approval. Additionally, the Commission had to consider if the process for approving the agreement was fair and whether the agreement itself met the standards for being deemed a 'single interest employer agreement' under the Act.

In assessing these issues, the Commission examined the evidence provided regarding the certification process, scrutinising the manner in which employee representation was obtained and the approval process itself. The Commission found that the agreement had been properly certified and that the approval process was conducted fairly, with employees having an adequate opportunity to review and provide feedback on the agreement. Furthermore, the agreement was deemed to meet the criteria for a single interest employer agreement, as it was negotiated between the employer and the employees and contained terms and conditions of employment.

Consequently, the Fair Work Commission approved the Minooka Preschool Centre Incorporated Employee Collective Agreement 2020, confirming its validity and compliance with the legislative requirements. This decision underscores the importance of adhering to the statutory processes for approving collective agreements and ensures that the rights of employees are protected within the framework of the Fair Work Act.

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