Boonah District Kindergarten Association Incorporated Summary

[2022] FWCA 2406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boonah District Kindergarten Association Incorporated

(AG2022/1755)

Boonah & District Kindergarten Association Early Childhood Enterprise Agreement 2021

Children’s services
COMMISSIONER SPENCER	BRISBANE, 19 JULY 2022

Application for approval of the Boonah & District Kindergarten Association Early Childhood Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Boonah & District Kindergarten Association Early Childhood Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boonah District Kindergarten Association Incorporated (the Applicant). The Agreement is a single enterprise agreement.

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.

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.

The Independent Education Union – Queensland and Northern Territory Branch (IEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Boonah District Kindergarten Association Incorporated, an entity seeking approval of its Early Childhood Enterprise Agreement 2021. The Association sought the Commission's approval for the proposed agreement, which was intended to govern the employment terms of early childhood educators within the organisation. The Commission was tasked with assessing whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issues the Commission addressed were whether the proposed agreement was a "bargaining agreement" under the Act, whether it complied with the provisions regarding minimum entitlements, and if it had been genuinely negotiated. Specifically, the Commission examined if the agreement provided for terms and conditions that were not less favourable than the applicable award or safety net, and if it was made in good faith and without coercion. The Commission also needed to determine if the necessary procedural requirements for the approval of an enterprise agreement had been fulfilled.

In reaching its decision, the Fair Work Commission considered the content of the proposed agreement, the submissions from the parties involved, and the evidence presented regarding the negotiation process. The Commission found that the agreement did constitute a genuine bargaining agreement that complied with the statutory requirements. It was determined that the terms and conditions provided in the agreement did not fall below the applicable award or safety net and were the product of good faith negotiations. The Commission concluded that the procedural requirements had been satisfied, and it approved the Boonah & District Kindergarten Association Early Childhood Enterprise Agreement 2021. The Commission's decision was grounded in its assessment that the agreement was fair and reasonable, providing appropriate terms for the employees within the organisation.

Boonah District Kindergarten Association Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established