DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stephanie Toovey
(AG2019/4953)

ST JOHN’S PRESCHOOL ASHFIELD ENTERPRISE AGREEMENT 2019

Children’s services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 MARCH 2020

Application for approval of the St John’s Preschool Ashfield Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the St John’s Preschool Ashfield Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stephanie Toovey. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 11 March 2020 and, in accordance with s.54, will operate from 18 March 2020. The nominal expiry date of the Agreement is 10 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the St John’s Preschool Ashfield Enterprise Agreement 2019, brought before the Fair Work Commission by the Department of Education, Skills and Employment. The agreement seeks to govern the employment conditions of preschool teachers employed by the respondent. The applicants, represented by counsel, argue that the agreement meets the statutory requirements for approval under the Fair Work Act 2009. The primary legal issues before the court were whether the agreement complied with the necessary provisions of the Act, including fairness, and whether it had been genuinely bargained between the employer and the employees. The court had to consider the fairness of the terms and conditions proposed in the agreement, including wages, hours of work, and other employment-related matters.

The Fair Work Commission examined the evidence presented by the parties, including submissions on behalf of the employees, the employer, and other interested parties. The court evaluated the process of bargaining, the nature of the agreement, and its alignment with the Fair Work Act's objectives of creating a fair and productive workplace. The Commission considered the fairness of the agreement in terms of its compliance with the safety net provisions, the balance of interests between the employer and employees, and whether the agreement had been genuinely negotiated. The court also looked into the procedural fairness, ensuring that the agreement was not only fair in its content but also in its creation.

After thorough consideration, the Commission found that the agreement was fair and complied with all statutory requirements. The agreement was deemed to have been genuinely negotiated, and it met the criteria for approval under the Act. The court was satisfied that the agreement provided a fair and reasonable outcome for both parties, balancing the interests of the employer and employees. The application for approval was therefore granted, and the agreement was certified as meeting the necessary standards for a registered agreement. The Commission's decision was based on a comprehensive analysis of the agreement's terms and the evidence of genuine negotiation and fairness.

Stephanie Toovey

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established