Norman Park Preschool and Kindergarten Association Inc. Summary

[2018] FWCA 1540

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Norman Park Preschool and Kindergarten Association Inc.

(AG2017/5648)

Norman Park Preschool and Kindergarten Early Childhood Education Enterprise Agreement 2017

Educational services
Deputy President Masson	MELBOURNE, 15 MARCH 2018

Application for approval of the Norman Park Preschool and Kindergarten Early Childhood Education Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Norman Park Preschool and Kindergarten 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 Norman Park Preschool and Kindergarten Association Inc. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Norman Park Preschool and Kindergarten Association Inc. seeking approval of the Norman Park Preschool and Kindergarten Early Childhood Education Enterprise Agreement 2017. The dispute centred on whether the agreement, which was proposed to be registered under the Fair Work Act 2009, complied with the necessary legal standards. The Fair Work Commission was the court that heard the matter.

The central legal issues the Commission had to address were whether the agreement met the formal requirements of the Fair Work Act, including whether it contained all the mandatory terms and conditions stipulated by the Act, and whether it was fair and reasonable in terms of the benefits and protections it provided to the employees. Additionally, the Commission needed to assess whether the agreement was genuinely negotiated between the employer and the employees and if it had been properly certified by an independent certifier.

In its decision, the Commission carefully reviewed the agreement against the statutory requirements and found that it was compliant with all the necessary provisions of the Fair Work Act. The Commission was satisfied that the agreement had been fairly and genuinely negotiated and certified, and that it provided appropriate terms and conditions for the employees. Consequently, the Commission approved the registration of the Norman Park Preschool and Kindergarten Early Childhood Education Enterprise Agreement 2017.

The Commission's final order was to approve the registration of the agreement under the Fair Work Act 2009. This approval was contingent on the continued compliance with the Act's requirements by both the employer and the employees.

Norman Park Preschool and Kindergarten Association Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established