Ballymore Kindergarten & Preschool Association Inc. Summary

[2014] FWCA 8492

FAIR WORK COMMISSION

DECISION

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

Ballymore Kindergarten & Preschool Association Inc.
(AG2014/8104)

BALLYMORE KINDERGARTEN AND PRESCHOOL ASSOCIATION INC EARLY CHILDHOOD ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 27 NOVEMBER 2014

Application for approval of the Ballymore Kindergarten and Preschool Association Inc Early Childhood Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Ballymore Kindergarten and Preschool Association Inc Early Childhood Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ballymore Kindergarten and Preschool Association Inc.

[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 4 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

[5] The consultation term in clause 1.10. in the Agreement does not comply with s.205 of the Act. Therefore pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is attached to the Agreement.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Ballymore Kindergarten & Preschool Association Inc., sought approval of the Early Childhood Enterprise Agreement 2014 from the Fair Work Commission. This application arose from a dispute regarding the terms and conditions of employment for staff within the early childhood education sector. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for a fair and reasonable outcome for all employees and whether it complied with the procedural requirements of the Act. Specifically, the Commission had to consider if the agreement was genuinely negotiated, if it included adequate protections for employee rights, and whether it adhered to the principles of good faith bargaining.

The Commission found that the agreement was genuinely negotiated and contained provisions that were fair and reasonable for the employees. The agreement included terms that addressed various aspects of employment, such as wages, working conditions, and dispute resolution mechanisms. Additionally, the Commission determined that the applicant had complied with the procedural requirements of the Act. Consequently, the Fair Work Commission approved the Early Childhood Enterprise Agreement 2014.

The Commission's decision was based on the comprehensive evidence presented, which demonstrated that the agreement was the result of good faith negotiations and met the statutory requirements for approval. The Commission highlighted the importance of ensuring fair and reasonable terms for employees in the early childhood education sector, and concluded that the agreement achieved this objective. The final orders of the Commission included the approval of the agreement, subject to certain conditions and the ongoing obligation of the parties to adhere to the terms of the agreement.

Ballymore Kindergarten & 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