DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitchelton Pre-Schooling Centre Inc
(AG2017/5564)

MITCHELTON PRE-SCHOOLING CENTRE INC. EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MARCH 2018

Application for approval of the Mitchelton Pre-Schooling Centre Inc. Early Childhood Education Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mitchelton Pre-Schooling Centre Inc. Early Childhood Education Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mitchelton Pre-Schooling Centre Inc. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2018. The nominal expiry date of the Agreement is 31 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mitchelton Pre-Schooling Centre Inc applied to the Fair Work Commission for approval of their 2017 Early Childhood Education Enterprise Agreement. The respondents, Queensland Teachers Union and the Australian Education Union, objected to the application, arguing that certain provisions in the agreement were not consistent with the national agreement in place at the time. The Commission was tasked with determining whether the provisions in the proposed agreement complied with the necessary legislative standards.

The primary legal issue before the Commission was whether the provisions in the proposed agreement that deviated from the national agreement were within the bounds of permissible variation. This involved an examination of the specific clauses in question and their alignment with the Fair Work Act 2009 and the relevant national agreement. The Commission had to assess whether the provisions met the criteria for permissible variation, including whether they were necessary to accommodate the specific circumstances of the Mitchelton Pre-Schooling Centre Inc.

After a thorough review of the arguments presented by both parties, the Commission found that the provisions in question did not contravene the national agreement or the Fair Work Act. The Commission determined that the provisions were necessary to accommodate the unique operational context of the Mitchelton Pre-Schooling Centre Inc and were therefore permissible under the relevant legislation. As a result, the Commission approved the application for the agreement. The final orders included the approval of the Mitchelton Pre-Schooling Centre Inc Early Childhood Education Enterprise Agreement 2017.

Mitchelton Pre-Schooling Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established