DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moresby Park Preschool Incorporated
(AG2021/6280)

MORESBY PARK PRESCHOOL INCORPORATED EMPLOYEE COLLECTIVE AGREEMENT 2020-2023

Children’s services
DEPUTY PRESIDENT DEAN	CANBERRA, 30 JULY 2021

Application for approval of the Moresby Park Preschool Incorporated Employee Collective Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Moresby Park Preschool Incorporated Employee Collective Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moresby Park Preschool Incorporated. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2021. The nominal expiry date of the Agreement is 5 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Moresby Park Preschool Incorporated has applied for the approval of the Moresby Park Preschool Incorporated Employee Collective Agreement 2020-2023. The application was heard in the Fair Work Commission, which is tasked with overseeing the approval process of collective agreements under the Fair Work Act 2009. The application was opposed by the Department of Employment, which raised concerns about the agreement's compliance with relevant laws and regulations.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval. This included an assessment of the agreement's provisions to ensure they complied with the provisions of the Fair Work Act and the relevant national employment standards. The Commission also had to determine if the agreement provided for a fair and efficient resolution of workplace disputes.

The Commission considered the evidence and submissions from both parties and concluded that the Moresby Park Preschool Incorporated Employee Collective Agreement 2020-2023 complied with the relevant legal requirements. The Commission found that the agreement provided for a fair and efficient resolution of workplace disputes and contained provisions that were consistent with the national employment standards. Consequently, the Commission approved the agreement, finding it met all necessary criteria for endorsement.

The Fair Work Commission has approved the Moresby Park Preschool Incorporated Employee Collective Agreement 2020-2023, bringing an end to the application process. This decision affirms that the agreement is compliant with the Fair Work Act and the national employment standards, and it will now govern the terms and conditions of employment for the relevant employees at Moresby Park Preschool Incorporated.

Moresby Park Preschool Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established