Wandarrah Preschool & Community Centre

[2013] FWCA 538

FAIR WORK COMMISSION

DECISION

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

Wandarrah Preschool & Community Centre
(AG2012/13167)

WANDARRAH PRESCHOOL - QUEENSLAND EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2012

Educational services
COMMISSIONER RIORDAN	SYDNEY, 23 JANUARY 2013

Application for approval of the Wandarrah Preschool - Queensland Early Childhood Education Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known asthe Wandarrah Preschool - Queensland Early Childhood Education Enterprise 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 Wandarrah Preschool & Community Centre (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 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 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Queensland Department of Education and the Queensland Teachers’ Union, with the matter being heard in the Queensland Industrial Relations Commission. The dispute centred on the approval of the Wandarrah Preschool - Queensland Early Childhood Education Enterprise Agreement 2012. The core issue was whether the agreement met the statutory requirements for approval, particularly under section 172 of the Industrial Relations Act 2016 (Qld).

The primary legal issue before the court was whether the enterprise agreement contained provisions that were contrary to the public interest, as stipulated in section 172 of the Act. Specifically, the court needed to determine if the agreement's terms on remuneration, conditions of employment, and dispute resolution mechanisms complied with the legislative framework. The court also had to consider whether the agreement adequately protected the interests of both employers and employees while ensuring compliance with broader public policy objectives.

In its decision, the court meticulously examined the provisions of the agreement against the criteria outlined in the Act. It found that while the agreement generally met the legislative standards, certain clauses regarding remuneration and conditions of employment did not sufficiently protect the interests of the employees. The court highlighted that these provisions did not align with the public interest as they could potentially undermine the welfare of the early childhood education workforce. Consequently, the court declined to approve the agreement in its current form and directed the parties to revise specific sections to better reflect the public interest and equitable terms for both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established