DECISION

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

Wollongbar Community Preschool Inc
(AG2015/4038)

WOLLONGBAR COMMUNITY PRE-SCHOOL INC. EMPLOYEE COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 23 NOVEMBER 2015

Application for approval of the Wollongbar Community Pre-School Inc. Employee Collective Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Wollongbar Community Pre-School Inc. Employee Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wollongbar Community Preschool Inc.

[2] On the basis of the material before me, 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] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 30 November 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Wollongbar Community Pre-School Inc., sought approval of the Employee Collective Agreement 2014 (the agreement). The application was brought pursuant to section 230 of the Fair Work Act 2009 (the act). The applicant was represented by Mr. S. J. O'Brien of Counsel and Ms. K. E. Smith of solicitors, Smith and Partners. The matter was heard in the Fair Work Commission by Deputy President R. C. A. Holmes.

The applicant sought the approval of the agreement which was negotiated by the Fair Work Australia (the authority) on 17 December 2014. The agreement sought to regulate the employment of the applicant's employees. The agreement covered a two-year period from 1 July 2014 to 30 June 2016. The applicant argued that the agreement was appropriate for the purposes of the act. The respondent, represented by Ms. J. R. Williams of the Fair Work Ombudsman, did not oppose the application. The legal issue before the court was whether the agreement was appropriate for the purposes of the act.

The court examined the agreement and found that it was an appropriate agreement for the purposes of the act. The agreement provided for reasonable terms and conditions and was negotiated in good faith. The court found that the agreement was appropriate for the purposes of the act and approved the agreement. The applicant was entitled to the approval of the agreement as it was appropriate for the purposes of the act.

The court approved the agreement and dismissed the application. The applicant was granted leave to apply for the approval of the agreement. The applicant was ordered to pay the respondent's costs of the application.

Wollongbar 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