DECISION

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

Albany Creek Kindergarten
(AG2014/10252)

ALBANY CREEK COMMUNITY KINDERGARTEN EARLY CHILDHOOD ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

Application for approval of the Albany Creek Community Kindergarten Early Childhood Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Ingham Community Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Albany Creek Kindergarten.

[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] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 22 January 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application to approve the Albany Creek Community Kindergarten Early Childhood Enterprise Agreement 2015, which was brought before the Fair Work Commission. The applicant, Albany Creek Community Kindergarten Inc., sought to have the agreement recognised as a safety net agreement under the Fair Work Act 2009. The respondents, the Queensland Teachers' Union and the Queensland Nurses and Midwives' Union, raised objections to the application on the basis that certain provisions of the agreement were not consistent with the safety net provisions of the Act.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided minimum wages and conditions for employees, and if it contained any terms that were inconsistent with the safety net provisions. The Commission also had to consider whether the agreement was consistent with the national system for the resolution of industrial matters, as required by the Act.

In its decision, the Commission found that the agreement met the requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for minimum wages and conditions for employees, and that the terms of the agreement were consistent with the safety net provisions. The Commission also found that the agreement was consistent with the national system for the resolution of industrial matters. Accordingly, the Commission approved the agreement, subject to certain modifications to ensure compliance with the safety net provisions.

The Commission's decision provides guidance to employers and unions on the requirements for approving early childhood enterprise agreements under the Fair Work Act. The decision also highlights the importance of ensuring that enterprise agreements are consistent with the safety net provisions of the Act, and that they promote the national system for the resolution of industrial matters.

Albany Creek Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established