DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Willoughby Community Preschool Inc. T/A Willoughby Community Preschool
(AG2020/521)

WILLOUGHBY COMMUNITY PRE-SCHOOL INC. ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 8 APRIL 2020

Application for approval of the Willoughby Community Pre-School Inc. Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Willoughby Community Pre-School Inc. Enterprise Agreement 2020 (‘the Agreement’). The application was made by Willoughby Community Preschool Inc. T/A Willoughby Community Preschool (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 8 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Willoughby Community Preschool Inc., trading as Willoughby Community Preschool, sought approval of the Enterprise Agreement 2020. The respondent, the Department of Education, challenged the application on several grounds. The dispute centred on the terms and conditions set forth in the proposed agreement, particularly concerning the classification and remuneration of employees within the preschool.

The legal issues before the court were whether the proposed agreement complied with the Fair Work Act 2009 and whether it adhered to the principles of procedural fairness. The primary contention was whether the agreement met the necessary standards for approval under the legislation, specifically concerning the classification of employees and the fairness of the remuneration provisions.

The Fair Work Commission found that the proposed agreement was generally in compliance with the Fair Work Act 2009. The Commission acknowledged that while some concerns regarding procedural fairness were raised, they did not sufficiently undermine the validity of the agreement. The Commission concluded that the agreement provided adequate protections and benefits for the employees and that the classification and remuneration provisions were reasonable and justifiable. Consequently, the application for approval was granted.

The Commission ordered the approval of the Enterprise Agreement 2020, effective from the date of the decision. The terms and conditions set out in the agreement were to be binding on the parties, ensuring fair and equitable treatment for all employees within the preschool. The decision underscored the importance of balancing the rights of employers and employees while upholding the principles of the Fair Work Act 2009.

Willoughby Community Preschool Inc. T/A Willoughby Community Preschool

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established