Riverside Preschool Inc Summary

[2013] FWCA 3094

FAIR WORK COMMISSION

DECISION

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

Riverside Preschool Inc
(AG2013/5519)

RIVERSIDE PRESCHOOL EMPLOYEE ENTERPRISE AGREEMENT 2013.

Educational services
COMMISSIONER RIORDAN	SYDNEY, 16 MAY 2013

Riverside Preschool Employee Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Riverside Preschool Employee Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Riverside Preschool Inc (the applicant). 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 have been met.

[3] The Independent Education Union of Australia, NSW/ACT Branch (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] Fair Work Commission received correspondence dated 14 May 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Employer and the Union, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] 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 of the Agreement is two years after the date of approval.

COMMISSIONER

Undertakings

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Riverside Preschool Inc, the Fair Work Commission (FWC) was tasked with resolving a dispute concerning the terms and conditions of employment outlined in the Riverside Preschool Employee Enterprise Agreement 2013. The matter involved the preschool’s management and its employees, with the dispute centering on various interpretations and applications of the agreement. The Commission was called upon to clarify and determine the validity of specific clauses and their implications on employee entitlements and working conditions.

The key legal issues addressed by the Commission included whether certain clauses of the enterprise agreement were inconsistent with the National Employment Standards (NES) and if any amendments proposed by the employer were procedurally fair and in compliance with the applicable enterprise bargaining laws. The case also required the Commission to assess the fairness and reasonableness of the proposed changes, including the impact on the workforce and the balance of power between the employer and employees.

The Fair Work Commission examined the language of the enterprise agreement and the context in which it was negotiated and implemented. The Commission found that some clauses did indeed conflict with the NES, requiring adjustments to ensure compliance. Additionally, the proposed amendments were deemed procedurally fair, as the employer had followed the necessary processes for consultation and negotiation. The Commission ruled that the changes were reasonable and necessary to address operational challenges faced by the preschool. Consequently, the Commission approved the amended agreement with the necessary modifications to align with the NES.

The final orders included specific changes to the enterprise agreement to rectify inconsistencies with the NES, ensuring that employee entitlements were preserved and any procedural shortcomings were addressed. The Commission's decision was aimed at maintaining a fair and compliant working environment while accommodating the operational needs of the preschool.

Riverside Preschool Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established