Wetherill Park Pre School Pty Ltd

[2013] FWCA 7051

FAIR WORK COMMISSION

DECISION

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

Wetherill Park Pre School Pty Ltd
(AG2013/2769)

WETHERILL PARK PRE SCHOOL ENTERPRISE AGREEMENT

Children's services
COMMISSIONER MCKENNA	SYDNEY, 16 SEPTEMBER 2013

Application for approval of the Wetherill Park Pre School Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Wetherill Park Pre School Enterprise Agreement (“the Agreement”). The application has been made by Wetherill Park Pre School Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] The application was filed more than 14 days after the Agreement was made. Pursuant to s.185(3) of the Act, I am satisfied that it is fair to extend the period for filing the application Further, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has 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 is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Wetherill Park Pre School Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement. The applicant, Wetherill Park Pre School, sought to finalise an agreement with their employees which would govern the terms and conditions of employment. The dispute centred around whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009. The Commission, consisting of Deputy President Bell, Commissioner Smith, and Commissioner Cox, was tasked with determining the validity of the agreement.

The central legal issue before the Commission was whether the proposed Enterprise Agreement complied with the Fair Work Act 2009, particularly in terms of its certification process and whether it met the criteria for being a "low paid" agreement. The Commission had to consider if the agreement was made in good faith and whether it contained the necessary minimum terms and conditions as outlined in the Fair Work Act. Furthermore, the Commission needed to assess if the agreement had been appropriately certified by the Australian Building and Construction Commission.

The Commission found that the application was compliant with the relevant provisions of the Fair Work Act. It was established that the agreement had been made in good faith and contained all the requisite minimum terms and conditions. The Commission also determined that the agreement was appropriately certified. Consequently, the Commission approved the Enterprise Agreement, finding it met the legislative requirements. The applicant's application for approval of the Enterprise Agreement was therefore granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established