DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St. George Preschool (Marsfield) Inc
(AG2017/3999)

ST GEORGE PRESCHOOL (MARSFIELD) INC TEACHERS COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 DECEMBER 2017

Application for approval of the St George Preschool (Marsfield) Inc Teachers Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St George Preschool (Marsfield) Inc Teachers Collective 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 St. George Preschool (Marsfield) Inc. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 12 December 2017 and, in accordance with s.54, will operate from 19 December 2017. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, St. George Preschool (Marsfield) Inc, applied for the approval of their Teachers Collective Agreement 2017. The application was heard in the Fair Work Commission. The application was brought under the Fair Work Act 2009. The primary dispute involved the terms and conditions of employment for preschool teachers within the institution, specifically focusing on the provisions laid out in the proposed collective agreement.

The central legal issues revolved around whether the terms of the collective agreement complied with the statutory requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court had to determine if the agreement was made in good faith, if it covered only matters related to employment, and if it adhered to the prescribed minimum standards outlined in the Act. Additionally, the court needed to assess if the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the collective agreement met the statutory requirements. The court concluded that the agreement was made in good faith and covered only employment-related matters. It also found that the agreement did not contravene any prescribed minimum standards and balanced the interests of both parties. Consequently, the application for approval of the collective agreement was successful.

The Fair Work Commission approved the Teachers Collective Agreement 2017 of St. George Preschool (Marsfield) Inc. The decision was based on the agreement's compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009, its adherence to good faith, and its balanced approach to the interests of both the employer and the employees.

St. George Preschool (Marsfield) Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established