Mitchelton Pre-Schooling Centre Inc
[2024] FWCA 4563
•19 DECEMBER 2024
| [2024] FWCA 4563 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mitchelton Pre-Schooling Centre Inc
(AG2024/4543)
MITCHELTON PRE-SCHOOLING CENTRE INC. EARLY CHILDHOOD EDUCATION CENTRE ENTERPRISE AGREEMENT 2024
| Educational services | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 19 DECEMBER 2024 |
Application for approval of the Mitchelton Pre-Schooling Centre Inc. Early Childhood Education Centre Enterprise Agreement 2024
This decision deals with an application made for approval of an enterprise agreement known as the Mitchelton Pre-Schooling Centre Inc. Early Childhood Education Centre Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mitchelton Pre-Schooling Centre Inc (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Applicant provided an undertaking in relation to the flexibility term, however in accordance with s.202(4) of the Act, the undertaking will not apply and the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Noting the undertakings provided, the NES precedence clause at 1.2.2 of the Agreement and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate from 26 December 2024. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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