Ballymore Kindergarten and Preschool Association Inc. Summary

[2017] FWCA 4443

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Ballymore Kindergarten and Preschool Association Inc.

(AG2017/2502)

Ballymore Kindergarten and Preschool Association inc Early Childhood Enterprise Agreement 2017

Educational services
Commissioner Wilson	MELBOURNE, 28 AUGUST 2017

Application for approval of the Ballymore Kindergarten and Preschool Association Inc Early Childhood Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Ballymore Kindergarten and Preschool Association Inc Early Childhood Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ballymore Kindergarten and Preschool Association Inc. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Ballymore Kindergarten and Preschool Association Inc, applied to the Fair Work Commission for approval of the Early Childhood Enterprise Agreement 2017. The respondent, the Department of Education, did not oppose the application. The applicant sought to finalise the agreement to provide certainty for the employees, employers and the community. The Fair Work Commission was the court in this matter.

The key legal issue before the Commission was whether the proposed agreement was in the public interest. The Commission considered the agreement against the criteria set out in the Fair Work Act 2009. These criteria included whether the agreement would provide for fair and efficient enterprise bargaining, whether it would promote workplace participation and whether it would facilitate economic prosperity. The Commission also considered whether the agreement would provide for appropriate flexibility and whether it would be consistent with the principles of the National Workplace Relations System.

The Fair Work Commission found that the proposed agreement met all the criteria for approval. The Commission noted that the agreement provided for fair and efficient enterprise bargaining, promoted workplace participation and facilitated economic prosperity. The Commission also found that the agreement provided for appropriate flexibility and was consistent with the principles of the National Workplace Relations System. The Commission was satisfied that the agreement was in the public interest and approved the application.

The Fair Work Commission approved the application and certified the Early Childhood Enterprise Agreement 2017 as a registered agreement. The agreement will now apply to the employees of the applicant from 1 January 2018. The applicant and the respondent are bound by the terms of the agreement, and any disputes arising from it must be resolved in accordance with the agreement's dispute resolution procedures.

Ballymore Kindergarten and Preschool Association Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established