Alderley Kindergarten And Preschool Assoc Inc

[2022] FWCA 4515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Alderley Kindergarten And Preschool Assoc Inc

(AG2022/5223)

Alderley Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

Educational services
COMMISSIONER HUNT	BRISBANE, 20 DECEMBER 2022

Application for approval of the Alderley Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

Alderley Kindergarten And Preschool Assoc Inc (the Employer) has applied for approval of an enterprise agreement known as the Alderley Kindergarten Early Childhood Education Collective Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Independent Education Union of Australia (the 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) of the Act I note that the Agreement covers the IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Alderley Kindergarten And Preschool Assoc Inc, which sought approval for the Alderley Kindergarten Early Childhood Education Collective Enterprise Agreement 2022. The application was made to the Fair Work Commission, which needed to determine if the agreement met the necessary criteria under the Fair Work Act 2009. The dispute centred around whether the proposed agreement, which was intended to cover the kindergarten's employees, adhered to the statutory requirements and provided fair terms and conditions of employment.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it had been made in good faith, and whether it met the necessary standards set out in the Fair Work Act. Specifically, the Commission had to examine if the agreement was appropriately negotiated, if it covered the requisite number of employees, and if it addressed the appropriate bargaining unit. Additionally, the Commission needed to ensure that the agreement did not unfairly disadvantage any party and provided for a proper mechanism for dispute resolution.

The Fair Work Commission, after reviewing the application, found that the proposed agreement satisfied the statutory requirements. The Commission noted that the agreement had been negotiated in good faith and covered a sufficient number of employees, meeting the criteria of a genuine enterprise agreement. The terms and conditions were deemed fair and met the minimum standards prescribed by the Fair Work Act. The Commission also found that the agreement provided for adequate mechanisms for dispute resolution, ensuring that any future issues could be addressed effectively.

The Fair Work Commission approved the Alderley Kindergarten Early Childhood Education Collective Enterprise Agreement 2022, recognising it as a valid agreement under the Fair Work Act. This decision allowed the kindergarten to implement the terms and conditions outlined in the agreement, providing a clear framework for the employment relationship between the kindergarten and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established