DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caloundra Community Kindergarten Association Inc T/A Caloundra Community Kindergarten
(AG2017/6155)

CALOUNDRA COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MARCH 2018

Application for approval of the Caloundra Community Kindergarten Early Childhood Education Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Caloundra Community Kindergarten Early Childhood Education Enterprise 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 Caloundra Community Kindergarten Association Inc T/A Caloundra Community 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 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 16 March 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Caloundra Community Kindergarten Association Inc T/A Caloundra Community Kindergarten applied to the Fair Work Commission for approval of the Caloundra Community Kindergarten Early Childhood Education Enterprise Agreement 2017. The application was heard by Commissioner Kelly, who was required to determine whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered. The agreement aimed to regulate the employment conditions of employees within the early childhood education sector in Queensland.

The primary legal issue before the court was whether the agreement satisfied the criteria for approval and registration as stipulated in the Fair Work Act. This included assessing whether the agreement was a genuine enterprise agreement, it did not include prohibited content, and that it had been fairly and properly negotiated. The court also needed to consider whether the agreement complied with the requirements for the approval of an early childhood education enterprise agreement, which includes specific provisions regarding the negotiation process and the involvement of authorised officers.

The court found that the agreement was a genuine enterprise agreement, was free of prohibited content, and had been fairly and properly negotiated. The court further found that the agreement met all the necessary requirements for approval of an early childhood education enterprise agreement, including the involvement of authorised officers in the negotiation process. The court concluded that the agreement was fit for approval and registration, and therefore granted the application.

The Fair Work Commission approved and registered the Caloundra Community Kindergarten Early Childhood Education Enterprise Agreement 2017. The agreement will now regulate the employment conditions of employees within the early childhood education sector in Queensland for the duration of its operation.

Caloundra Community Kindergarten Association Inc T/A Caloundra Community Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established