Singleton Pre School Inc Summary

[2023] FWCA 2559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Singleton Pre School Inc

(AG2023/2661)

SINGLETON PRE SCHOOL INC. TEACHERS' ENTERPRISE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 AUGUST 2023

Application for approval of the Singleton Pre School Inc. Teachers' Enterprise Agreement 2023

Singleton Pre School Inc has made an application for approval of an enterprise agreement known as the Singleton Pre School Inc. Teachers’ Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Independent Education Union of Australia (IEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the IEU.

The Agreement was approved on 16 August 2023 and, in accordance with s 54, it will operate from 23 August 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Singleton Pre School Inc, sought approval for its Teachers' Enterprise Agreement 2023. The dispute arose from a disagreement about certain provisions within the proposed agreement, which was to be applied to the preschool's teachers. The Fair Work Commission, as the relevant tribunal, was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issue was whether the provisions of the Enterprise Agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement contained mandatory terms and conditions that were compliant with the law and whether it allowed for fair and reasonable terms of employment. The Commission was also required to examine if the agreement provided for the protection of employee rights and interests.

In reaching its decision, the Commission examined the content of the proposed agreement, including its terms and conditions, and assessed whether it adhered to the statutory requirements. The Commission found that the proposed agreement generally met the legal standards and did not contain any provisions that were contrary to the Fair Work Act. The agreement provided for fair and reasonable terms of employment and appropriately protected the rights and interests of the employees. Consequently, the Commission approved the Teachers' Enterprise Agreement 2023.

The Fair Work Commission approved the Singleton Pre School Inc. Teachers' Enterprise Agreement 2023, finding that it complied with the relevant legal requirements. The Commission's decision recognised that the agreement provided for fair and reasonable terms of employment and adequately protected the rights and interests of the preschool's teachers.

Singleton Pre School Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established