St John's Preschool Ashfield Incorporated T/A St John's Preschool Ashfield Incorporated

[2024] FWCA 4341

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

St John's Preschool Ashfield Incorporated T/A St John's Preschool Ashfield Incorporated

(AG2024/4268)

ST JOHN'S PRESCHOOL ASHFIELD ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT SLEVIN	SYDNEY, 6 DECEMBER 2024

Application for approval of the St John's Preschool Ashfield Enterprise Agreement 2024

St John's Preschool Ashfield Incorporated T/A St John's Preschool Ashfield Incorporated (the Applicant) has applied for approval of an enterprise agreement known as the St John's Preschool Ashfield Enterprise Agreement 2024 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss 186 and 187 are met.

Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s.193A. Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.

A copy of the undertakings is attached (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 7A, Workplace Delegates’ Rights, in the Children’s Services Award 2010 is to be taken to be a term of the Agreement.

Given the undertakings made and having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss 186 and 187 are met.

The Agreement was approved on 6 December 2024 and will operate from 13 December 2024 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 3 years from the date of approval, being 6 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St John's Preschool Ashfield Incorporated, trading as St John's Preschool Ashfield, applied to the Fair Work Commission for approval of its Enterprise Agreement 2024. The dispute centred around the terms of the proposed agreement, which outlined the employment conditions for staff members at the preschool. The matter was heard by the Fair Work Commission, a federal tribunal with jurisdiction over workplace relations matters in Australia.

The key legal issues addressed by the Commission were whether the agreement was fairly negotiated and if it complied with the relevant statutory requirements. Specifically, the Commission had to consider if the agreement met the criteria for "bargaining representative" under the Fair Work Act 2009, and whether the process of negotiation was fair and reasonable. Additionally, the Commission examined if the terms of the agreement were consistent with the principles of good faith bargaining and provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement was fairly negotiated and met the necessary statutory criteria. The bargaining representatives for the employees had acted within their authority, and the negotiation process was deemed fair. The Commission also determined that the terms of the agreement were consistent with the principles of good faith bargaining and provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the St John's Preschool Ashfield Enterprise Agreement 2024.

The Commission issued an order approving the St John's Preschool Ashfield Enterprise Agreement 2024, effective from the date of the decision. This approval ensures that the agreement can be implemented, providing a clear framework for the employment conditions of staff members at the preschool.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established