DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boonah District Kindergarten Association Incorporated t/a Boonah District Kindergarten
(AG2015/6843)

BOONAH & DISTRICT KINDERGARTEN ASSOCIATION EARLY CHILDHOOD ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Boonah & District Kindergarten Association Early Childhood Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boonah & District Kindergarten Association Early Childhood 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 Boonah District Kindergarten Association Incorporated t/a Boonah District Kindergarten. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Boonah District Kindergarten Association, trading as Boonah District Kindergarten, sought approval for the Boonah & District Kindergarten Early Childhood Enterprise Agreement 2015. The applicant applied to the Fair Work Commission, which was the relevant authority for this matter. The respondent to the application was the Department of Employment, the body responsible for overseeing compliance with employment standards under the Fair Work Act 2009. The central dispute involved the terms of the proposed enterprise agreement, specifically whether it met the legal requirements for approval under the Fair Work Act.

The primary legal issue before the Commission was whether the proposed agreement contained all the mandatory terms required by the Fair Work Act, including the Fair Work Information Statement. Additionally, the Commission needed to determine if the agreement had been genuinely negotiated between the parties, as required by the Act. A further consideration was whether the agreement complied with the minimum standards set out in the National Employment Standards and the relevant award, ensuring that it did not disadvantage employees in terms of pay, conditions, or entitlements.

In rendering its decision, the Fair Work Commission examined the contents of the proposed agreement and the documentation provided by the parties. It confirmed that the agreement included the necessary Fair Work Information Statement and that the parties had indeed engaged in genuine negotiations. The Commission also verified that the agreement did not undercut the minimum standards outlined in the National Employment Standards or the relevant award, ensuring that employees were not disadvantaged. As a result, the Commission approved the proposed agreement, finding it to be compliant with all statutory requirements.

Following the approval, the Boonah & District Kindergarten Early Childhood Enterprise Agreement 2015 was formally registered with the Fair Work Commission, thereby becoming legally binding on the parties involved. This decision ensured that the terms and conditions of employment within the Boonah District Kindergarten would be governed by the agreed-upon provisions, providing clarity and certainty for both the employer and employees moving forward.

Boonah District Kindergarten Association Incorporated t/a Boonah District Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established