DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bucasia Kindergarten Association Incorporated
(AG2018/879)

BUCASIA KINDERGARTEN ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER LEE	MELBOURNE, 20 JULY 2018

Application for approval of the Bucasia Kindergarten Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bucasia Kindergarten 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 Bucasia Kindergarten Association Incorporated. 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 Independent Education Union of Australia 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter involved an application for the approval of the Bucasia Kindergarten Enterprise Agreement 2015, brought before the Fair Work Commission. The applicant, Bucasia Kindergarten Association Incorporated, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on the specifics of the proposed agreement and whether it met the legal requirements for approval.

The legal issues before the Commission were whether the agreement provided for the proper payment of minimum rates of pay and entitlements, whether it allowed for appropriate minimum conditions, and whether it was free of prohibited content. The Commission needed to determine if the agreement met the statutory requirements and if it fairly reflected the terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission considered the provisions of the Fair Work Act 2009 and the relevant regulations. It examined the terms of the proposed agreement to ensure they aligned with the statutory minimum standards. The Commission found that the agreement provided for the proper payment of minimum rates of pay and entitlements, and that it did not contain any prohibited content. Consequently, the Commission approved the agreement, finding it met all the legal requirements for approval.

The final order was that the Bucasia Kindergarten Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered and published on the Fair Work Commission’s website.

Bucasia Kindergarten Association Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established