DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wesley Castle Hill Uniting Preschool
(AG2017/4997)

WESLEY CASTLE HILL UNITING PRESCHOOL ENTERPRISE AGREEMENT 2017-2021

Children’s services
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2018

Application for approval of the Wesley Castle Hill Uniting Preschool Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Wesley Castle Hill Uniting Preschool Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wesley Castle Hill Uniting Preschool. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2018. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Wesley Castle Hill Uniting Preschool, sought approval of its Enterprise Agreement 2017-2021. The application was brought before the Fair Work Commission, with the respondent being the union representing the teachers and staff at the preschool. The dispute centred on whether the proposed agreement was in compliance with the relevant industrial legislation and whether it appropriately reflected the interests of both the preschool and its employees.

The legal issues before the Commission involved an analysis of whether the agreement met the requirements under the Fair Work Act 2009, including whether the agreement was made in good faith and covered the appropriate bargaining unit. The Commission also had to consider the provisions of the agreement concerning wages, conditions, and other employment terms. A critical aspect was ensuring that the agreement did not disadvantage employees unduly and that it provided fair and reasonable terms.

The Fair Work Commission found that the Enterprise Agreement 2017-2021 complied with the relevant legislation and was made in good faith. The Commission was satisfied that the agreement appropriately represented the interests of both parties and provided fair and reasonable terms. The Commission highlighted that the agreement included provisions for minimum wages, leave entitlements, and other conditions that were consistent with industry standards. The Commission concluded that the agreement would not place an undue burden on the preschool and that it was fair and reasonable in all respects.

The Fair Work Commission approved the Wesley Castle Hill Uniting Preschool Enterprise Agreement 2017-2021, effective from the date of the decision. The approval was contingent upon the agreement being implemented as specified and any amendments being made in accordance with the Fair Work Act 2009.

Wesley Castle Hill Uniting Preschool

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established