DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Northern Nursery School Limited
(AG2015/7225)

THE NORTHERN NURSERY SCHOOL LIMITED WHOLE CENTRE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 16 FEBRUARY 2016

Application for approval of The Northern Nursery School Limited Whole Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Northern Nursery School Limited Whole Centre Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Northern Nursery School Limited. 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2016. The nominal expiry date of the Agreement is 15 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Northern Nursery School Limited, a childcare provider, sought approval for its Whole Centre Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009. The Commission's decision focused on whether the agreement provided fair and reasonable terms and conditions for the employees of the nursery school.

The legal issues before the Commission involved assessing the fairness and reasonableness of various provisions within the agreement. Key aspects included the classification and remuneration of employees, procedural fairness in the agreement-making process, and compliance with the provisions of the Fair Work Act. The Commission also considered whether the agreement adequately addressed the needs and interests of both the employer and the employees, particularly given the unique nature of the childcare industry.

In reaching its decision, the Fair Work Commission carefully reviewed the evidence and submissions presented by both parties. The Commission found that the agreement, while not perfect, provided fair and reasonable terms for the employees. The Commission emphasised the importance of procedural fairness in the agreement-making process and noted that the agreement contained provisions that were beneficial to the employees. The Commission approved the agreement, subject to certain minor modifications to address procedural fairness and specific employee benefits.

The final orders included the approval of The Northern Nursery School Limited Whole Centre Enterprise Agreement 2016, with specific amendments to enhance procedural fairness and employee benefits. The Commission's decision ensured that the agreement met the necessary standards under the Fair Work Act, balancing the interests of both the employer and the employees.

The Northern Nursery School Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established