DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Northern Nursery School Limited
(AG2021/6693)

NORTHERN NURSERY SCHOOL LIMITED WHOLE CENTRE ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 AUGUST 2021

Application for approval of The Northern Nursery School Limited Whole Centre Enterprise Agreement 2020.

[1] The Northern Nursery School Limited has made an application for approval of an enterprise agreement known as The Northern Nursery School Limited Whole Centre Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Agreement was approved on 24 August 2021 and, in accordance with s 54, will operate from 31 August 2021. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Northern Nursery School Limited applied to the Fair Work Commission for approval of the 2020 Whole Centre Enterprise Agreement. The applicant, a childcare provider, sought to finalise its agreement with employees in line with industrial regulations. The legal issues centred around whether the agreement met the necessary criteria under the Fair Work Act 2009 for approval and implementation. Specifically, the Commission needed to determine if the agreement was made in good faith, covered appropriate employee groups, and adhered to minimum pay rates and conditions.

The Commission considered the evidence and submissions from both the applicant and the employees' representatives. It examined whether the agreement was genuinely negotiated and if it provided for fair and reasonable terms. Additionally, the Commission assessed if the agreement complied with the Fair Work Act's requirements, including provisions for minimum wages, entitlements, and other conditions of employment. After reviewing the details, the Commission found that the agreement was negotiated in good faith and satisfied all statutory requirements.

Accordingly, the Fair Work Commission approved the 2020 Whole Centre Enterprise Agreement for The Northern Nursery School Limited. The agreement was deemed to be fair and reasonable, meeting all legislative criteria. The approval allowed the agreement to take effect and be binding on the parties involved. This decision provided clarity and legal certainty to both the employer and employees regarding their respective rights and obligations under the agreement.

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