Camden Preschool Kindergarten Cooperative Limited

[2014] FWCA 966

The attached document replaces the document previously issued with the above code on 7 February 2014.

Removal of the words 'Application for approval of the' in the title of the Agreement.

Rebecca Moon

Associate to Vice President Catanzariti

Dated 7 February 2014

[2014] FWCA 966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Camden Preschool Kindergarten Cooperative Limited
(AG2013/12873)

CAMDEN PRESCHOOL KINDERGARTEN COOPERATIVE LIMITED ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 7 FEBRUARY 2014

Application for approval of the Camden Preschool Kindergarten Cooperative Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Camden Preschool Kindergarten Cooperative Limited Enterprise 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 Camden Preschool Kindergarten Cooperative Limited. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.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 14 February 2014. The nominal expiry date of the Agreement is four years from the date of operation.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Camden Preschool Kindergarten Cooperative Limited applied to the Fair Work Commission for approval of the Camden Preschool Kindergarten Cooperative Limited Enterprise Agreement 2013. The application was made under section 231 of the Fair Work Act 2009. The application was opposed by the Australian Education Union (Vic), the Australian Education Union (Vic Branch), and the National Tertiary Education Union. The parties could not agree on whether the agreement was suitable for the approval of the Commission.

The Commission had to determine if the agreement was suitable for approval. This involved assessing if the agreement was a good faith tool for fixing wages and other conditions of employment. The Commission also had to consider if the agreement provided for the appropriate process for future negotiations and variations and if it met the criteria for registration under the Fair Work Act. Additionally, the Commission had to ensure that the agreement did not prejudice the essential rights of employees or employers.

After considering the arguments and evidence presented, the Commission found that the agreement was suitable for approval. The Commission determined that the agreement was a good faith tool for fixing wages and other conditions of employment. The agreement provided for an appropriate process for future negotiations and variations and met the criteria for registration under the Fair Work Act. The Commission also found that the agreement did not prejudice the essential rights of employees or employers.

The Fair Work Commission approved the Camden Preschool Kindergarten Cooperative Limited Enterprise Agreement 2013. The agreement was registered with the Commission and came into effect on the date of registration. The Commission's decision provides guidance on the factors it considers when assessing the suitability of an enterprise agreement for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established