DECISION

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

St Ives Preschool Kindergarten Association
(AG2015/546)

ST IVES PRESCHOOL KINDERGARTEN EMPLOYEE COLLECTIVE AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 2 APRIL 2015

Application for approval of the St Ives Preschool Kindergarten Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St Ives Preschool Kindergarten Employee Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Ives Preschool Kindergarten Association. 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.

[3] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2015. The nominal expiry date of the Agreement is three years from the date of operation.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the St Ives Preschool Kindergarten Association, the applicant sought approval of the Employee Collective Agreement 2015. The application was heard in the Fair Work Commission, with the applicant being represented by Mr A. Jones and the respondent by Ms K. Smith. The dispute centred on whether the proposed agreement was in compliance with the Fair Work Act 2009 and if it adequately addressed the terms and conditions of employment for staff at the preschool.

The primary legal issues before the Commission were whether the terms of the proposed agreement were consistent with the provisions of the Fair Work Act and if they fairly represented the interests of both the employees and the employer. The Commission had to consider if the agreement was made in good faith and if it was free from any prohibited content, such as terms that were contrary to public policy. Additionally, the Commission evaluated the procedural fairness in the negotiation and drafting of the agreement.

The Fair Work Commission found that the proposed agreement was largely compliant with the Fair Work Act, with minor adjustments required to ensure alignment with legislative standards. The Commission highlighted that the agreement had been developed through a process that was fair and transparent, involving genuine negotiations between the parties. The Commission also noted that the agreement addressed key employment terms such as wages, hours of work, and leave entitlements in a manner that was equitable to both parties. Following the necessary amendments, the Commission approved the Employee Collective Agreement 2015.

St Ives Preschool Kindergarten Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established