Ross Circuit Preschool Incorporated

[2022] FWCA 3659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ross Circuit Preschool Incorporated

(AG2022/4096)

Ross Circuit Preschool Employee Collective Agreement 2022

Educational services
COMMISSIONER MCKINNON	SYDNEY, 20 OCTOBER 2022

Application for approval of the Ross Circuit Preschool Employee Collective Agreement 2022

Ross Circuit Preschool Incorporated has applied for approval of a single enterprise agreement known as the Ross Circuit Preschool Employee Collective Agreement 2022 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 27 October 2022. The nominal expiry date of the Agreement is 30 July 2025.

The Agreement covers the Independent Education Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ross Circuit Preschool Incorporated applied to the Fair Work Commission for approval of the Ross Circuit Preschool Employee Collective Agreement 2022. The matter was heard by a delegate of the Commission, who considered whether the Agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the Agreement met the criteria for approval, including whether it was free from prohibited content, and whether it had been made in accordance with the procedural requirements of the Fair Work Act. The Commission also considered whether the Agreement was in the best interests of the employees, including whether it provided for fair and reasonable terms and conditions of employment.

In determining whether the Agreement met the criteria for approval, the Commission considered the evidence and submissions provided by the parties. The Commission found that the Agreement was free from prohibited content and had been made in accordance with the procedural requirements of the Fair Work Act. The Commission also found that the Agreement provided for fair and reasonable terms and conditions of employment for the employees, and was in their best interests.

The Commission approved the Ross Circuit Preschool Employee Collective Agreement 2022, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included changes to the Agreement to address issues such as the calculation of penalty rates and the provision of paid parental leave. The Commission also made orders to ensure that the Agreement was properly communicated to the employees and that any disputes arising under the Agreement were resolved in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established