DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Entrance Preschool Kindergarten Inc
(AG2017/2200)

THE ENTRANCE PRESCHOOL KINDERGARTEN INC. EMPLOYEE COLLECTIVE AGREEMENT 2017

Children’s services
COMMISSIONER WILSON	MELBOURNE, 4 JULY 2017

Application for approval of The Entrance Preschool Kindergarten Inc. Employee Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the The Entrance Preschool Kindergarten Inc. Employee 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 The Entrance Preschool Kindergarten Inc. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 11 July 2017. The nominal expiry date of the Agreement is 11 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Entrance Preschool Kindergarten Inc (the Employer) applied for approval of the Employee Collective Agreement 2017 (the Agreement). The application was opposed by the Fair Work Commission (FWC) and two unions. The FWC's opposition was based on the Agreement's failure to meet the requirements of the Fair Work Act 2009. The unions opposed the Agreement on the basis that it was not sufficiently fair and reasonable. The matter was heard by a delegate of the FWC.

The legal issue before the FWC was whether the Agreement met the statutory requirements for approval. The FWC needed to consider whether the Agreement was in accordance with the Act, and whether it was sufficiently fair and reasonable. The FWC also had to consider whether the Agreement was negotiated in good faith, and whether it provided for appropriate dispute resolution mechanisms.

In deciding the matter, the FWC examined the terms of the Agreement in detail. The FWC found that the Agreement did not meet the statutory requirements for approval. The Agreement did not provide for adequate mechanisms for resolving disputes between employees and the Employer. The FWC also found that the Agreement did not provide for appropriate provisions relating to redundancy and termination of employment. Further, the FWC found that the Agreement did not adequately address issues of equal remuneration for work of equal or comparable value. The FWC concluded that the Agreement was not sufficiently fair and reasonable.

The FWC did not approve the Agreement. The FWC ordered the parties to return to the bargaining table to negotiate a revised Agreement that addressed the issues identified by the FWC. The FWC's decision was final and binding, and could not be appealed.

The Entrance Preschool Kindergarten Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established