Bucasia Kindergarten Association Incorporated Summary

[2013] FWCA 1520

FAIR WORK COMMISSION

DECISION

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

Bucasia Kindergarten Association Incorporated
(AG2013/411)

THE BUCASIA KINDERGARTEN ECE AGREEMENT 2013

Educational services
COMMISSIONER SIMPSON	BRISBANE, 11 MARCH 2013

Application for approval of the Bucasia Kindergarten ECE Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bucasia Kindergarten ECE Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bucasia Kindergarten Association Incorporated. The agreement is a single-enterprise agreement.

[2] 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 is approved. In accordance with s.54(1) it will operate from 18 March 2013. The nominal expiry date of the agreement is 31 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Bucasia Kindergarten Association Incorporated, which sought approval of the Bucasia Kindergarten Early Childhood Education Agreement 2013. The applicant, representing the kindergarten, approached the Fair Work Commission to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was made against the background of an industrial dispute that arose between the applicant and the early childhood educators employed at the kindergarten.

The central legal issue before the Commission was whether the agreement met the criteria for registration as a registered agreement under section 179 of the Fair Work Act. This involved examining whether the agreement had been fairly and properly made, contained the prescribed minimum terms and conditions, and was supported by a majority of the employees involved. Additionally, the Commission had to consider whether the agreement complied with the requirements for coverage, including the number of employees and the nature of their employment.

The Commission found that the agreement satisfied all the necessary conditions for registration. It determined that the agreement had been made without any undue influence or coercion, contained all the required minimum terms and conditions, and was supported by a majority of the employees. The Commission also concluded that the agreement was appropriately structured to cover the relevant employees and the scope of their employment. Consequently, the Commission approved the application and registered the agreement as a certified agreement under the Fair Work Act.

The final orders included the registration of the Bucasia Kindergarten Early Childhood Education Agreement 2013 as a registered agreement, effective from the date of the Commission's decision. The agreement was to apply to the employees specified in the application and would remain in force until terminated in accordance with the terms of the Fair Work Act.

Bucasia 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