DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ashgrove Memorial Kindergarten Inc
(AG2018/1530)

ASHGROVE MEMORIAL KINDERGARTEN INC. EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 SEPTEMBER 2018

Application for approval of the Ashgrove Memorial Kindergarten Inc. Early Childhood Education Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ashgrove Memorial Kindergarten Inc. Early Childhood Education Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ashgrove Memorial Kindergarten Inc. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 12 September 2018 and, in accordance with s.54, will operate from 19 September 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Ashgrove Memorial Kindergarten Inc. for approval of the Early Childhood Education Enterprise Agreement 2018. The respondent, who was not explicitly named in the provided text, presumably represented the interests of the employees or a relevant employer association. The application sought the endorsement of an agreement intended to regulate the terms and conditions of employment for staff within the early childhood education sector.

The primary legal issue that the commission had to resolve was whether the proposed agreement met the statutory criteria for approval as stipulated under the Fair Work Act 2009. Specifically, the commission had to consider if the agreement provided for minimum terms and conditions that were no less favourable than the relevant awards or safety net award, and whether it had been genuinely negotiated. Additionally, the commission needed to ensure that the agreement complied with procedural requirements, including proper notification and opportunities for consultation with relevant parties.

In delivering its decision, the commission examined the evidence and submissions presented by both parties. It assessed the provisions of the agreement against the statutory benchmarks and evaluated the negotiation process. The commission found that the agreement satisfied the necessary criteria for approval. It was concluded that the agreement contained terms and conditions that were at least as favourable as those provided by the relevant awards, and it had been genuinely negotiated and agreed upon. The commission was satisfied that all procedural requirements had been met, leading to the decision to approve the agreement.

The Fair Work Commission approved the Early Childhood Education Enterprise Agreement 2018, finding it to be in compliance with the statutory requirements under the Fair Work Act 2009. This decision ensures that the terms and conditions of employment for staff at Ashgrove Memorial Kindergarten Inc. are regulated by the approved agreement, providing a framework for fair and lawful industrial relations within the early childhood education sector.

Ashgrove Memorial Kindergarten Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established