DECISION

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

Bellbowrie Kindergarten and Pre-school Association Inc
(AG2020/1852)

BELLBOWRIE KINDERGARTEN AND PRE-SCHOOL ASSOCIATION EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2020

Children's services
COMMISSIONER SPENCER	BRISBANE, 29 JULY 2020

Application for approval of the Bellbowrie Kindergarten and Pre-School Association Early Childhood Education Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bellbowrie Kindergarten and Pre-School Association Early Childhood Education Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application was made by the Bellbowrie Kindergarten and Pre-school Association Inc (the Applicant), represented by the Australian Council of Trade Unions (the ACTU). The Agreement is a single-enterprise agreement.

[2] I identified a number of matters and sought responses and undertakings from the Applicant. These undertakings were provided to my Chambers on 17 July 2020. Mr Pam Niven, the single employee bargaining representative, advised my Chambers he agreed with the undertakings and responses and supported approval of the Agreement.

[3] Subject to matters that have been addressed by way of undertakings, 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.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The parties involved in the case were Bellbowrie Kindergarten and Pre-school Association Inc and its employees. The nature of the dispute was the approval of the association's Early Childhood Education Enterprise Agreement 2020. The case was heard in the Fair Work Commission. The association applied for the approval of the proposed agreement, which sought to modify the terms and conditions of employment for its employees. The Fair Work Commission was required to determine whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the principles of the Act.

The court considered whether the proposed agreement provided for fair and reasonable terms and conditions of employment. The court also examined whether the agreement was consistent with the principles of the Fair Work Act 2009, including the principle of enterprise bargaining. The court found that the proposed agreement met the requirements for approval, as it provided for fair and reasonable terms and conditions of employment, and was consistent with the principles of the Act. The court noted that the agreement provided for a range of benefits for employees, including increased pay rates, improved leave entitlements, and better working conditions. The court was satisfied that the agreement was the product of genuine and meaningful bargaining between the association and its employees, and that it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the proposed agreement, subject to certain modifications. The modifications related to the calculation of overtime and the payment of allowances. The court found that these modifications were necessary to ensure that the agreement was consistent with the principles of the Fair Work Act 2009. The court concluded that the modified agreement provided for fair and reasonable terms and conditions of employment, and was consistent with the principles of the Act. The association and its employees were directed to give the modified agreement to the Commission Registrar for registration. The final orders of the court were that the modified agreement be approved and registered.

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