Birralee Kindergarten and Community Preschool Association Inc Summary

[2023] FWCA 781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Birralee Kindergarten and Community Preschool Association Inc

(AG2023/400)

Birralee Kindergarten & Community Preschool Association Inc. Early Childhood Enterprise Agreement 2022

Educational Services
DEPUTY PRESIDENT DOBSON	BRISBANE, 10 MARCH 2023

Application for approval of the Birralee Kindergarten & Community Preschool Assoc Inc. Early Childhood Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Birralee Kindergarten & Community Preschool Association Inc. Early Childhood Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Independent Education Union – Queensland and Northern Territory Branch (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 16 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the application by Birralee Kindergarten and Community Preschool Association Inc for approval of the Birralee Kindergarten & Community Preschool Assoc Inc. Early Childhood Enterprise Agreement 2022, the Fair Work Commission was tasked with assessing the fairness and appropriateness of the proposed agreement. The association sought approval under section 233 of the Fair Work Act 2009, which governs the process for approving enterprise agreements. The Commission was required to determine whether the agreement met the statutory criteria for approval, including that it provided for the proper management of the workplace and did not undermine the safety and health of employees.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements for coverage, public benefit, and overall fairness. The Commission examined whether the agreement appropriately covered the intended bargaining unit, whether it provided for the proper management of the workplace, and whether it did not undermine the safety and health of employees. Additionally, the Commission had to consider whether the agreement provided for terms and conditions that were fair and reasonable in all respects.

After reviewing the submissions and evidence provided by the parties, the Commission found that the proposed agreement met all statutory requirements for approval. The agreement was deemed to cover the intended bargaining unit, provided for the proper management of the workplace, and did not undermine the safety and health of employees. Furthermore, the Commission found that the agreement provided for terms and conditions that were fair and reasonable, taking into account the nature of the workplace and the bargaining power of the parties. Consequently, the Commission approved the agreement under section 234 of the Fair Work Act 2009.

The Commission's final orders were that the Birralee Kindergarten & Community Preschool Assoc Inc. Early Childhood Enterprise Agreement 2022 be approved as a registered agreement under section 178 of the Fair Work Act 2009. The agreement was to be registered by the Commission and would then be in effect from the date of registration, applying to all employees covered by the agreement.

Birralee Kindergarten and Community Preschool Association Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established