DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Camden Preschool Kindergarten Cooperative Limited T/A Camden Preschool Kindergarten
(AG2018/2303)

CAMDEN PRESCHOOL KINDERGARTEN COOPERATIVE LIMITED ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER SAUNDERS	NEWCASTLE, 23 OCTOBER 2018

Application for approval of the Camden Preschool Kindergarten Cooperative Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Camden Preschool Kindergarten Cooperative Limited Enterprise Agreement 2018 (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 T/A Camden Preschool Kindergarten. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2018. The nominal expiry date of the Agreement is 11 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Camden Preschool Kindergarten Cooperative Limited T/A Camden Preschool Kindergarten, a not-for-profit childcare organisation, sought approval of its 2018 Enterprise Agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, a federal tribunal with industrial relations jurisdiction. The dispute centred on whether the proposed agreement met the statutory criteria for approval, specifically that it provided for minimum terms and conditions of employment and was consistent with the broader public interest.

The primary legal issue before the Commission was whether the terms of the proposed agreement aligned with the Fair Work Act's objectives of facilitating cooperative relationships and providing for the resolution of workplace disputes. The Commission needed to assess if the agreement met the legislative requirements for approval, including whether it provided for a fair and efficient workplace, and if it did not disadvantage employees or employers. Additionally, the Commission had to determine if the agreement was consistent with the public interest, particularly considering the not-for-profit nature of the applicant.

In its decision, the Commission found that the proposed agreement met the necessary statutory criteria. The agreement provided for reasonable terms and conditions of employment and facilitated cooperative workplace relationships. The Commission was satisfied that the agreement did not disadvantage either party and was consistent with the public interest, particularly given the not-for-profit status of the organisation. The Commission noted the need for careful consideration of the agreement's terms, particularly in relation to the financial sustainability of the organisation. The Commission approved the agreement, finding that it balanced the interests of employees and employers while promoting cooperative workplace relations.

The Fair Work Commission approved the Camden Preschool Kindergarten Cooperative Limited Enterprise Agreement 2018, finding it met the statutory requirements under the Fair Work Act 2009. The Commission was satisfied that the agreement provided for fair and efficient workplace terms and conditions, and did not disadvantage either party. The Commission also determined that the agreement was consistent with the public interest, particularly considering the not-for-profit nature of the organisation. The approval of the agreement ensures that the parties have a clear and agreed-upon framework for resolving workplace disputes and maintaining cooperative workplace relationships.

Camden Preschool Kindergarten Cooperative Limited T/A Camden Preschool Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established