Wynnum General Gordon Community Pre-school

[2024] FWCA 4224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Wynnum General Gordon Community Pre-school

(AG2024/4288)

WYNNUM GENERAL GORDON COMMUNITY PRESCHOOL EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER SLOAN	SYDNEY, 29 NOVEMBER 2024

Application for approval of the Wynnum General Gordon Community Preschool Early Childhood Education Collective Enterprise Agreement 2024

Wynnum General Gordon Community Pre-school (“Employer”) has made an application for approval of an enterprise agreement known as the Wynnum General Gordon Community Preschool Early Childhood Education Collective Enterprise Agreement 2024 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.

The Independent Education Union of Australia – Queensland and Northern Territory Branch (“IEU”) was a bargaining representative for the Agreement. It supports approval of the Agreement.

The Employer has provided written undertakings (“Undertakings”). A copy of the Undertakings is attached in Annexure A. I am satisfied that the Undertakings are not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement.

The Commission sought the views of the IEU in respect of the Undertakings.

Pursuant to s 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Having regard to the Undertakings, on the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.

The IEU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the IEU.

The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 6 December 2024. The nominal expiry date of the Agreement is 29 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wynnum General Gordon Community Pre-school, represented by its committee, applied for the approval of the Wynnum General Gordon Community Preschool Early Childhood Education Collective Enterprise Agreement 2024. The application was made to the Fair Work Commission, which was tasked with determining whether the proposed agreement was in the best interests of the employees and the pre-school. The Fair Work Commission was required to assess the fairness and appropriateness of the agreement, including its compliance with the relevant industrial laws and standards.

The court needed to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved examining the agreement's provisions to ensure they adhered to the standards set by the Fair Work Commission, including the requirement that the agreement must be free from undue influence and must be fair and reasonable in all its terms. The court also had to consider the views of the employees and the pre-school committee, as well as any other relevant factors that might affect the fairness of the agreement.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the proposed agreement was fair and reasonable. The court was satisfied that the agreement met all the necessary criteria for approval, including its compliance with the relevant industrial laws and standards. The court approved the Wynnum General Gordon Community Preschool Early Childhood Education Collective Enterprise Agreement 2024, thereby resolving the dispute in favour of the pre-school.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established