The Entrance Preschool Inc. Summary

[2014] FWCA 771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Entrance Preschool Inc.
(AG2013/12799)

THE ENTRANCE PRESCHOOL KINDERGARTEN INCORPORATED EMPLOYEE COLLECTIVE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 31 JANUARY 2014

Application for approval of The Entrance Preschool Kindergarten Incorporated Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the The Entrance Preschool Kindergarten Incorporated Employee Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Entrance Preschool Inc. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2014. 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 Entrance Preschool Kindergarten Incorporated, the applicant, the Fair Work Commission (FWC) was asked to approve the 2013 Employee Collective Agreement (ECA). The applicant sought approval for the agreement under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for preschool staff, including wages, hours of work, and other employment-related matters. The FWC was tasked with assessing whether the agreement met the legal criteria for approval and whether it was fair and reasonable.

The legal issues before the FWC included whether the ECA complied with the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions for employees. Specifically, the FWC had to consider if the ECA provided for the minimum entitlements, such as minimum wages, penalty rates, and leave provisions, and whether it balanced the interests of both employers and employees. The FWC also examined whether the agreement met the requirements for registration under the Fair Work Act.

In its decision, the FWC found that the 2013 ECA met the criteria for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment. The ECA included provisions for minimum wages, penalty rates, and leave entitlements, which were consistent with the requirements of the Fair Work Act. The FWC concluded that the agreement balanced the interests of both employers and employees and was therefore fair and reasonable. As a result, the FWC approved the ECA for registration.

The FWC's final order was that the 2013 Employee Collective Agreement for The Entrance Preschool Kindergarten Incorporated be approved and registered under the Fair Work Act 2009. This decision ensures that the agreement will be legally binding on all parties and provides a framework for the terms and conditions of employment for preschool staff.

The Entrance Preschool Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established