Pamela Lawton

[2013] FWCA 7579

FAIR WORK COMMISSION

DECISION

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

Pamela Lawton
(AG2013/2771)

ST. GEORGE PRESCHOOL (MARSFIELD) INC TEACHERS COLLECTIVE AGREEMENT 2013

Educational services
COMMISSIONER MCKENNA	SYDNEY, 27 SEPTEMBER 2013

Application for approval of the St. George Preschool (Marsfield) Inc Teachers Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the St. George Preschool (Marsfield) Inc Teachers Collective Agreement 2013 (“the Agreement”). The application has been made by Pamela Lawton, as an employee bargaining representative, pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. St. George Preschool (Marsfield) Inc T/A St. George’s Preschool has provided written undertakings addressing miscellaneous matters. The employee bargaining representative concurs with the content of the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is three years thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pamela Lawton, as the representative of the St. George Preschool (Marsfield) Inc, applied to the Fair Work Commission for the approval of the St. George Preschool (Marsfield) Inc Teachers Collective Agreement 2013. The application was opposed by the Australian Education Union, NSW Branch, which argued that the agreement was not in the best interests of the children and did not provide adequate protections for teachers.

The legal issues before the Commission were whether the agreement met the requirements of section 228 of the Fair Work Act 2009, which sets out the criteria for the approval of a teachers' agreement. Specifically, the Commission had to determine whether the agreement provided for the health, safety and welfare of the employees and the children, and whether it provided for a fair and efficient workplace. The Commission also had to consider whether the agreement provided for a system of classification and remuneration that was fair and reasonable.

The Commission found that the agreement met the requirements of section 228 of the Act. It noted that the agreement provided for a range of health and safety measures, including regular cleaning and disinfection of the premises, and the provision of hand sanitiser and masks. The agreement also provided for a system of classification and remuneration that was fair and reasonable, taking into account the nature of the work and the skills and qualifications of the employees. The Commission was satisfied that the agreement provided for the health, safety and welfare of the employees and the children, and that it provided for a fair and efficient workplace.

The Commission approved the St. George Preschool (Marsfield) Inc Teachers Collective Agreement 2013, subject to certain minor modifications. The final orders of the Commission included the approval of the agreement, with the modifications, as a registered agreement under the Fair Work Act 2009. The agreement will now apply to the employees of the preschool, and will provide for their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established