DECISION

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

Mitchelton Pre-Schooling Centre Inc
(AG2015/174)

MITCHELTON PRE-SCHOOLING CENTRE INC. EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Children's services
COMMISSIONER BOOTH	BRISBANE, 26 FEBRUARY 2015

Application for approval of the Mitchelton Pre-Schooling Centre Inc. Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Mitchelton Pre-Schooling Centre Inc. Early Childhood Education Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mitchelton Pre-Schooling Centre Inc.

[2] On the basis of the material before me, 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 March 2015. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Mitchelton Pre-Schooling Centre Inc, sought the approval of the Fair Work Commission of an Enterprise Agreement entered into with their employees. The dispute centred on the terms and conditions of employment as outlined in the agreement. The case was heard in the Fair Work Commission of Australia.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it contained the mandated minimum entitlements and whether it was free from prohibited content. Additionally, the Commission had to consider whether the agreement was genuinely bargained and if it provided for the proper process for the resolution of future workplace disputes.

The Fair Work Commission found that the agreement satisfied all statutory requirements. The agreement contained all mandated minimum entitlements, did not include any prohibited content, and was genuinely bargained. The Commission also noted that the agreement provided for an appropriate process for the resolution of future workplace disputes. As a result, the Commission approved the agreement. The Commission emphasised the importance of the agreement's provisions for the protection of vulnerable employees, such as those on lower wages or with less job security.

The Fair Work Commission approved the Mitchelton Pre-Schooling Centre Inc. Early Childhood Education Enterprise Agreement 2015, finding it met all statutory requirements and provided adequate protections for employees. The Commission highlighted the importance of the agreement's provisions for the protection of vulnerable employees and its provision for the resolution of future workplace disputes.

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