DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Birralee Kindergarten and Community Preschool Association Inc
(AG2016/7833)

BIRRALEE KINDERGARTEN & COMMUNITY PRESCHOOL ASSOCIATION INC. EARLY CHILDHOOD ENTERPRISE AGREEMENT 2017-2018

Educational services
DEPUTY PRESIDENT DEAN	MELBOURNE, 30 MARCH 2017

Application for approval of the Birralee Kindergarten & Community Preschool Association Inc. Early Childhood Enterprise Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Birralee Kindergarten & Community Preschool Association Inc. Early Childhood Enterprise Agreement 2017-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Birralee Kindergarten and Community Preschool Association Inc. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 29 March 2017 and, in accordance with s.54, will operate from 6 April 2017. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Birralee Kindergarten and Community Preschool Association Inc. seeking approval of its Early Childhood Enterprise Agreement for the years 2017-2018. The application was heard in the Fair Work Commission. The crux of the dispute was whether the proposed agreement met the legal criteria for approval, including compliance with the Fair Work Act 2009 and the specific requirements for early childhood enterprise agreements.

The legal issues centred on the fairness and compliance of the proposed agreement. The Commission had to determine if the agreement was in accordance with the provisions of the Fair Work Act, and if it had been fairly negotiated. Key considerations included whether the agreement provided for minimum entitlements and conditions, and whether it allowed for genuine flexibility in the workplace while maintaining fairness.

The Commission found that the proposed agreement was fair and compliant with the necessary legislative requirements. It concluded that the agreement adequately provided for minimum entitlements and conditions and allowed for necessary flexibility in the workplace. The agreement was approved, recognising the unique circumstances of the early childhood sector. The decision underscored the importance of balancing the needs of the workforce with the operational requirements of the organisation.

The Fair Work Commission approved the Early Childhood Enterprise Agreement 2017-2018 for the Birralee Kindergarten and Community Preschool Association Inc. This decision sets a precedent for similar agreements within the early childhood sector, emphasising the need for flexibility and fairness in the negotiation process.

Birralee Kindergarten and Community Preschool 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