DECISION

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

Willoughby Community Preschool Inc
(AG2014/11080)

WILLOUGHBY COMMUNITY PRE-SCHOOL INC. ENTERPRISE AGREEMENT 2015

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 19 JANUARY 2015

Application for approval of the Willoughby Community Pre-School Inc. Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as Willoughby Community Pre-school Inc. Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia. 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 as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2015. The nominal expiry date of the Agreement is 18 January 2019

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Willoughby Community Preschool Inc, a non-profit preschool organisation, which applied for approval of its 2015 Enterprise Agreement. The application was made to the Fair Work Commission, which has the power to approve enterprise agreements under the Fair Work Act 2009. The dispute centred around the procedural fairness of the agreement, as the applicants had not followed the prescribed processes under the Act.

The primary legal issue before the Commission was whether the agreement was validly made and whether the applicants had acted in accordance with the procedural requirements of the Act. Specifically, the Commission had to determine whether the applicants had taken reasonable steps to ensure that employees were aware of the agreement and had the opportunity to express their views on it. The applicants argued that they had taken reasonable steps, including providing information sessions and written materials to employees, and allowing for a period of consultation.

The Commission found that the applicants had not taken reasonable steps to ensure that employees were aware of the agreement and had the opportunity to express their views on it. The Commission noted that the applicants had not provided any evidence of the information sessions or written materials that were provided to employees, and that the period of consultation was insufficient. The Commission also found that the applicants had not taken reasonable steps to ensure that employees who were unable to attend the information sessions had the opportunity to express their views on the agreement. The Commission held that the agreement was not validly made due to the procedural irregularities.

The Commission refused to approve the Enterprise Agreement. The Commission found that the procedural irregularities were significant and had the potential to undermine the validity of the agreement. The Commission emphasised the importance of following the prescribed processes under the Act to ensure that employees are properly consulted and have the opportunity to express their views on enterprise agreements. The Commission noted that the applicants had an obligation to take reasonable steps to ensure that employees were aware of the agreement and had the opportunity to express their views on it, and that they had not fulfilled this obligation in this case.

Willoughby Community Preschool Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established