DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beerwah & District Kindergarten Association Inc
(AG2016/454)

BEERWAH AND DISTRICT KINDERGARTEN ASSOC. EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Children’s services
COMMISSIONER ROE	MELBOURNE, 14 APRIL 2016

Application for approval of the Beerwah and District Kindergarten Assoc. Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Beerwah and District Kindergarten Assoc. Early Childhood Education Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beerwah & District Kindergarten Association Inc. The Agreement is a single enterprise agreement.

[2] 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] 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.

[6] 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.

[7] The Agreement was approved on 14 April 2016 and, in accordance with s.54, will operate from 21 April 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were the Beerwah & District Kindergarten Association Inc. and the Fair Work Commission. The nature of the dispute was the application for approval of the Beerwah and District Kindergarten Assoc. Early Childhood Education Enterprise Agreement 2015. The matter was heard in the Fair Work Commission.

The legal issues that the court was required to decide were whether the terms and conditions outlined in the enterprise agreement were fair and reasonable and whether they complied with the relevant legislation and industrial instruments. The court had to examine the agreement in light of the objects of the Fair Work Act 2009 and determine whether it was consistent with the principles of enterprise bargaining. The court also needed to assess if the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission found that the Beerwah and District Kindergarten Assoc. Early Childhood Education Enterprise Agreement 2015 was fair and reasonable. The court considered that the agreement provided for appropriate terms and conditions that were consistent with the objects of the Fair Work Act 2009. The commission concluded that the agreement was likely to promote harmonious, productive, and cooperative workplace relations, and it approved the agreement. The court noted that the agreement contained provisions for wages, allowances, hours of work, and other employment-related matters, which were consistent with the principles of enterprise bargaining and the relevant legislation.

Beerwah & District Kindergarten Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established