DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tuntable Falls Early Childhood Centre
(AG2015/5371)

TUNTABLE FALLS PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2015

Children’s services
COMMISSIONER BOOTH	BRISBANE, 28 OCTOBER 2015

Application for approval of the Tuntable Falls Preschool Employee Collective Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Tuntable Falls Preschool Employee Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tuntable Falls Early Childhood Centre.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved a dispute between the Tuntable Falls Early Childhood Centre and the Fair Work Commission. The centre sought approval of the 2015 Employee Collective Agreement, which was proposed to regulate the employment terms and conditions of its staff. The Fair Work Commission was the tribunal before which the application was heard.

The central legal issue the Commission had to address was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, it had to determine whether the agreement met the criteria for being considered a "small business" agreement and whether it contained all the minimum terms and conditions prescribed by law. Additionally, the Commission needed to ensure the agreement was made in good faith and was not detrimental to employees.

In examining these issues, the Fair Work Commission considered various provisions of the Fair Work Act and relevant case law. The Commission found that the proposed agreement met the definition of a small business agreement, as the centre employed fewer than 15 employees. Furthermore, it satisfied all the minimum terms and conditions required by law. The Commission also concluded that the agreement was made in good faith and did not have any detrimental effects on the employees. Based on these findings, the Commission approved the Tuntable Falls Preschool Employee Collective Agreement 2015.

Consequently, the Commission approved the agreement, allowing it to come into effect as the governing document for the employment conditions of the centre's staff. This decision facilitated the implementation of the agreed terms and conditions, ensuring that both the employer and employees were bound by the provisions outlined in the collective agreement.

Tuntable Falls Early Childhood Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established