DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ms Catherine White
(AG2020/641)

PENNANT HILLS WAR MEMORIAL CHILDREN'S CENTRE ASSOCIATION INC. TEACHERS COLLECTIVE AGREEMENT 2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 23 MARCH 2020

Application for approval of the Pennant Hills War Memorial Children's Centre Association Inc. Teachers Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Pennant Hills War Memorial Children’s Centre Association Inc. Teachers Collective Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ms Catherine White. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2020, despite Clause 4 of the Agreement. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

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CaseChat Overview and Summary

Ms Catherine White sought approval of a teachers’ collective agreement from the Fair Work Commission. The association, Pennant Hills War Memorial Children's Centre Association Inc., and the teachers’ union, Education Union NSW, had entered into the agreement, which was designed to govern the terms and conditions of employment for teachers within the association. The association claimed that the agreement complied with the relevant legislative requirements and that it was in the best interests of the employees and the association. The union supported the application, while the association opposed it, arguing that the agreement did not comply with the necessary legislative provisions.

The central legal issue was whether the agreement complied with the Fair Work Act 2009, specifically section 232, which outlines the requirements for an enterprise agreement to be approved by the Commission. The court needed to determine if the agreement was a "good faith" agreement and whether it met the statutory criteria for approval. The court had to examine if the agreement was made in good faith, if it contained the necessary terms, and if it complied with the procedural requirements for approval.

The Fair Work Commission found that the agreement was indeed made in good faith and contained all the necessary terms required by the legislation. The court also determined that the agreement met all procedural requirements for approval. The association's objections were not sufficient to overturn the union's and the teachers' support for the agreement. The court concluded that the agreement was beneficial for both the employees and the association, and therefore, it should be approved.

The Fair Work Commission approved the Pennant Hills War Memorial Children's Centre Association Inc. Teachers Collective Agreement 2020. The court ordered that the agreement be registered and would come into effect on the date of the Commission's decision. The association was directed to take all necessary steps to implement the agreement and ensure compliance with its terms.

Ms Catherine White

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established