DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Banks Street Newmarket Community Preschooling Centre Inc T/A Banks Street Kindy
(AG2018/1879)

BANKS STREET NEWMARKET COMMUNITY PRESCHOOLING CENTRE INC EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2018

Application for approval of the Banks Street Newmarket Community Preschooling Centre Inc Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Banks Street Newmarket Community Preschooling Centre Inc Early Childhood Education Collective 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 Banks Street Newmarket Community Preschooling Centre Inc T/A Banks Street Kindy. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Banks Street Newmarket Community Preschooling Centre Inc, trading as Banks Street Kindy, applied for approval of their Early Childhood Education Collective Enterprise Agreement 2018. The application was made pursuant to the Fair Work Act 2009. The application was opposed by the Australian Education Union, the Victorian Branch.

The primary issue before the commission was whether the terms of the proposed agreement met the criteria set out in section 233 of the Act, specifically whether the agreement would provide for fair and efficient workplace relations and whether it was in the best interests of the employees. Additionally, the commission had to consider if the agreement was free from coercive practices and undue influence.

The commission found that the proposed agreement provided for fair and efficient workplace relations and was in the best interests of the employees. The commission also found that the agreement was free from coercive practices and undue influence. The commission noted that the agreement provided for a pay increase, improved working conditions, and better dispute resolution mechanisms. The commission was satisfied that the agreement would promote harmony, cooperation, and productivity in the workplace. The commission approved the application and registered the agreement.

The final order of the commission was that the Early Childhood Education Collective Enterprise Agreement 2018, as set out in the schedule to the application, be approved and registered. The agreement is to be in effect from 1 July 2018 for a period of four years. The commission also ordered that a copy of the approved agreement be provided to the Australian Taxation Office and the relevant state or territory government department responsible for education.

Banks Street Newmarket Community Preschooling Centre Inc T/A Banks Street Kindy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established