DECISION

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

Bellbowrie Kindergarten and Pre-school Association Inc
(AG2015/4939)

BELLBOWRIE KINDERGARTEN AND PRESCHOOL ASSOCIATION EARLY CHILDHOOD ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 27 OCTOBER 2015

Application for approval of the Bellbowrie Kindergarten and Preschool Association Early Childhood Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Bellbowrie Kindergarten and Preschool Association Early Childhood Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia.

[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 Agreement is approved and, in accordance with s.54, will operate from 3 November 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bellbowrie Kindergarten and Pre-school Association Inc. applied for approval of the Bellbowrie Kindergarten and Preschool Association Early Childhood Enterprise Agreement 2015. The application was heard in the Fair Work Commission. The dispute involved the terms and conditions of employment for staff at the kindergarten and pre-school, with a focus on whether the proposed agreement complied with the relevant industrial laws and provided a fair and reasonable outcome for all parties.

The primary legal issues the court had to decide were whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it contained the minimum entitlements prescribed by the Act, and if it had been made in accordance with the procedural requirements. The court also had to determine if the agreement provided a fair and reasonable outcome for the employees and employers, taking into account the nature of the work and the broader economic context.

In its decision, the court examined the proposed agreement clause by clause, ensuring that it included all the minimum entitlements required by law. The court also assessed whether the agreement had been made following the correct procedural steps, including the requirement for good faith bargaining. The court concluded that the agreement met the statutory requirements and was made in a fair and reasonable manner, taking into account the specific circumstances of the kindergarten and pre-school industry. The court approved the agreement, emphasising the importance of balancing the rights and interests of both employees and employers in the early childhood education sector.

The Fair Work Commission approved the Bellbowrie Kindergarten and Preschool Association Early Childhood Enterprise Agreement 2015, subject to the conditions outlined in the decision. The agreement was deemed to be compliant with the Fair Work Act 2009 and was considered to provide a fair and reasonable outcome for all parties involved.

Bellbowrie Kindergarten and Pre-school 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