DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Camp Hill Kindergarten & Preschool Association Inc
(AG2020/376)

CAMP HILL KINDERGARTEN AND PRESCHOOL ASSOCIATION INC ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER YILMAZ	MELBOURNE, 10 MARCH 2020

Application for approval of the Camp Hill Kindergarten and Preschool Association Inc Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Camp Hill Kindergarten and Preschool Association Inc Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Camp Hill Kindergarten & Preschool Association Inc. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 17 March 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Camp Hill Kindergarten and Preschool Association Inc applied for the approval of the 2019 Enterprise Agreement. The applicant is a not-for-profit organisation that runs several kindergartens in Queensland. The agreement pertains to employees working in these kindergartens, and the dispute arose from the negotiation and approval process of the agreement under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the requirements for approval, including compliance with the "better off overall test" and other provisions of the Act.

The central legal issues revolved around whether the agreement satisfied the necessary conditions for approval, particularly focusing on the "better off overall test". This test requires that employees covered by the agreement be no worse off financially and have at least the same conditions as they would have under the applicable award or safety net. Additionally, the court had to consider whether the agreement complied with procedural requirements and provisions of the Fair Work Act.

The Commission examined the application thoroughly, assessing the evidence provided regarding the financial implications of the agreement on the employees. It considered the views of the parties, including the union and the employer, and the potential impact on the employees' conditions. The Commission concluded that the agreement met the "better off overall test" and was compliant with the Act's requirements. It found that the agreement provided for fair and reasonable terms and conditions that did not disadvantage the employees, and that it was fairly negotiated.

The Commission approved the Camp Hill Kindergarten and Preschool Association Inc Enterprise Agreement 2019, thereby finalising the application process. The approval ensures that the agreement will govern the employment conditions of the employees as per the terms outlined in the agreement, subject to the ongoing requirements of the Fair Work Act.

Camp Hill Kindergarten & Preschool Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established