DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Albany Creek Kindergarten Association Incorporated T/A Albany Creek Kindergarten Association Inc.
(AG2019/1807)

ALBANY CREEK KINDERGARTEN EARLY CHILDHOOD ENTERPRISE AGREEMENT 2019

Children’s services
COMMISSIONER JOHNS	SYDNEY, 17 JUNE 2019

Application for approval of the Albany Creek Kindergarten Early Childhood Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Albany Creek Kindergarten Early Childhood Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Albany Creek Kindergarten Association Incorporated T/A Albany Creek Kindergarten Association Inc. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia (IEU) 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 of the Act, will operate from 24 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Albany Creek Kindergarten Association Incorporated, trading as Albany Creek Kindergarten Association Inc., the application was made for approval of the Albany Creek Kindergarten Early Childhood Enterprise Agreement 2019. The application was brought before the Fair Work Commission by the employer, who sought to have the agreement approved. The agreement in question governs the terms and conditions of employment for the employees of the kindergarten. The legal issues before the Commission were primarily concerned with whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for being a genuinely negotiated agreement.

The Commission considered whether the agreement was procedurally sound, including whether the employer had engaged in good faith bargaining with the relevant union. Additionally, the Commission had to determine if the agreement provided for terms and conditions that were no less favourable than the applicable awards or safety nets. Furthermore, the court examined whether the agreement included provisions that were necessary for the efficient operation of the enterprise, such as flexibility in work arrangements, and whether it addressed the specific needs of the early childhood education sector.

In delivering its decision, the Commission found that the agreement was genuinely negotiated and met all the necessary requirements under the Fair Work Act. The Commission concluded that the employer had engaged in good faith bargaining and that the agreement provided for terms and conditions that were at least as favourable as those in the applicable awards. The agreement was deemed to be necessary for the efficient operation of the enterprise, taking into account the unique demands of the early childhood education sector. The Commission approved the agreement, finding it to be fair and reasonable in all respects.

Albany Creek Kindergarten Association Incorporated T/A Albany Creek Kindergarten Association Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established