Mitchelton Pre-Schooling Centre Inc Summary

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mitchelton Pre-Schooling Centre Inc, an early childhood education centre, applied to the Fair Work Commission for approval of its new enterprise agreement for 2024. The application arose from negotiations between the employer and the teachers' union. The union had objected to certain provisions of the proposed agreement, arguing they were not in line with the principles of fairness and equity.

The legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and the relevant provisions of the Fair Work Regulations 2009. Specifically, the Commission had to determine whether the agreement contained the minimum terms and conditions required by law, and whether it was made in good faith and covered all employees within the scope of the bargaining.

The Fair Work Commission found that the proposed agreement complied with the relevant legislative provisions. The Commission noted that the agreement provided for a fair and reasonable rate of pay and conditions for employees, and that it was made in good faith. The Commission also found that the agreement covered all employees within the scope of the bargaining, and that it did not contain any provisions that were contrary to the principles of fairness and equity. As such, the Commission approved the proposed agreement.

The Fair Work Commission approved the Mitchelton Pre-Schooling Centre Inc. Early Childhood Education Centre Enterprise Agreement 2024, subject to the conditions and limitations set out in the decision. The agreement will now come into effect on the date specified in the decision, and will apply to all employees within the scope of the bargaining. The Commission's decision provides certainty and clarity for both the employer and employees, and ensures that the agreement is compliant with the relevant legislative provisions.

Mitchelton Pre-Schooling Centre Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established