DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cabarita Mortlake Kindergarten Association Inc T/A Cabarita Mortlake Kindergarten
(AG2017/5651)

CABARITA MORTLAKE KINDERGARTEN TEACHERS COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 9 APRIL 2018

Application for approval of the Cabarita Mortlake Kindergarten Teachers Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cabarita Mortlake Kindergarten Teachers Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cabarita Mortlake Kindergarten Association Inc T/A Cabarita Mortlake 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 16 April 2018. The nominal expiry date of the Agreement is 8 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Cabarita Mortlake Kindergarten Association Inc, trading as Cabarita Mortlake Kindergarten, made an application for approval of the Cabarita Mortlake Kindergarten Teachers Collective Agreement 2017. The respondent to the application was the Australian Education Union. The dispute concerned the terms and conditions of employment for teachers at the kindergarten. The legal issues before the Commission were whether the terms of the Agreement complied with the relevant legislative provisions and whether the Agreement had been made in accordance with the applicable industrial laws. The Commission considered whether the Agreement provided for a fair and reasonable outcome for both parties and whether it complied with the requirements of the Fair Work Act 2009. The Commission also examined whether the Agreement had been made without coercion or undue influence and whether the bargaining process had been fair and reasonable. After considering the evidence and submissions from both parties, the Commission approved the Agreement. The Commission found that the Agreement provided for a fair and reasonable outcome for both parties and complied with the requirements of the Fair Work Act 2009. The Commission also found that the Agreement had been made without coercion or undue influence and that the bargaining process had been fair and reasonable. The Commission approved the Agreement subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications related to the provisions concerning the payment of allowances and the calculation of overtime. The Commission made orders approving the Agreement subject to the modifications and directing the parties to give effect to the approved Agreement.

Cabarita Mortlake Kindergarten Association Inc T/A Cabarita Mortlake Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established