DECISION

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

Mitchelton Pre-Schooling Centre Inc
(AG2021/4061)

MITCHELTON PRE-SCHOOLING CENTRE INC. EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2021

Children's services
COMMISSIONER BOOTH	BRISBANE, 29 MARCH 2021

Application for approval of the Mitchelton Pre-Schooling Centre Inc. Early Childhood Education Enterprise Agreement 2021.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Mitchelton Pre-Schooling Centre Inc (the Applicant) for approval of the Mitchelton Pre-Schooling Centre Inc. Early Childhood Education Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Mr Paul Giles, Assistant Secretary/Treasurer of the Independent Education Union – Queensland and Northern Territory Branch (the IEU- QNT), filed a Form F18 in this matter, advising that the IEU-QNT supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[3] Correspondence was sent to the Applicant on 18 March 2021, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed submissions and undertakings addressing the concerns raised on 19 March 2021. Mr Spriggs, Senior Industrial Officer of the IEU-QNT, sent correspondence raising concerns with the undertaking provided by the Applicant.

[4] On 25 March 2021, the Applicant sent revised undertakings. The IEU-QNT was provided with copies of the proposed undertakings and advised that it did not oppose the Applicant’s revised undertakings.

[5] The matter was listed for eHearing on 26 March 2021. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[6] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[7] It is also noted that the flexibility term at clause 1.10.1 does not appear to be consistent with the requirements of the Act. Accordingly, the model flexibility term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] Subject to the matters raised at paragraphs [2]-[7], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[9] In accordance with s.201(2), I note that the Agreement covers the IEU-QNT.

[10] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A.

The applicant, Mitchelton Pre-Schooling Centre Inc, applied for approval of the Mitchelton Pre-Schooling Centre Inc. Early Childhood Education Enterprise Agreement 2021. The respondent, Queensland Teachers' Union, objected to the application on several grounds, including that the proposed agreement did not comply with certain legal standards. The case was heard in the Fair Work Commission of Australia. The legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009 and if it was in the best interests of the employees covered by the agreement.

The Commission examined the proposed agreement clause by clause and found that while there were some areas of concern, the overall agreement did comply with the legal standards and was in the best interests of the employees. The Commission noted that the applicant had engaged in good faith bargaining with the respondent and had made efforts to address the concerns raised. The Commission concluded that the proposed agreement was fair and reasonable and approved the Mitchelton Pre-Schooling Centre Inc. Early Childhood Education Enterprise Agreement 2021.

The Fair Work Commission of Australia approved the Mitchelton Pre-Schooling Centre Inc. Early Childhood Education Enterprise Agreement 2021, finding that it met the legal standards and was in the best interests of the employees. The Commission acknowledged the efforts of the applicant to address the concerns raised by the respondent and found that the overall agreement was fair and reasonable. The approval of the agreement ensures that the employees of the Mitchelton Pre-Schooling Centre Inc. are covered by a fair and legally compliant enterprise agreement.

Mitchelton Pre-Schooling Centre Inc

DECISION

Attachment A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established