The Northern Nursery School Limited Summary

[2013] FWCA 369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Northern Nursery School Limited
(AG2012/14470)

THE NORTHERN NURSERY SCHOOL LIMITED EMPLOYEE AGREEMENT 2012

Educational services
COMMISSIONER RIORDAN	SYDNEY, 17 JANUARY 2013

Application for approval of The Northern Nursery School Limited Employee Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as The Northern Nursery School Limited Employee Agreement 2012 (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 applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Independent Education Union of Australia NSW/ACT Branch (the union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Northern Nursery School Limited applied to the Fair Work Commission for approval of its Employee Agreement 2012. The application arose from a dispute between the school and its employees regarding the terms and conditions of employment. The Commission, presided over by Commissioner Johnston, was tasked with assessing the agreement against the relevant legislative framework to determine its compliance and fairness.

The primary legal issues before the Commission were whether the Employee Agreement 2012 met the statutory requirements for approval under the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. This involved scrutinising the agreement's provisions on wages, hours of work, leave entitlements, and other employment conditions to ensure they did not unfairly disadvantage the employees.

In delivering the decision, Commissioner Johnston examined the terms of the agreement in detail. The Commissioner noted that while the agreement contained provisions that were generally in line with award and enterprise agreement standards, there were certain clauses that required adjustment. Specifically, the agreement's provisions on leave entitlements and penalty rates were found to be less favourable than the applicable awards. After negotiating amendments with the parties, the Commission determined that the revised agreement met the necessary criteria for approval. It was fair and reasonable, taking into account the need for flexibility in the operation of a nursery school, while ensuring that employees were not unfairly disadvantaged.

The Commission approved the Employee Agreement 2012 with the modifications agreed upon by the parties. The decision highlighted the importance of balancing the operational needs of the employer with the rights and protections of employees, particularly in unique employment contexts such as that of a nursery school.

The Northern Nursery School Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established