DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Camp Hill Kindergarten & Preschool
(AG2015/3184)

CAMP HILL KINDERGARTEN AND PRESCHOOL ASSOCIATION INC ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 21 JULY 2015

Application for approval of the Camp Hill Kindergarten and Preschool Association Inc Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Camp Hill Kindergarten and Preschool Association Inc Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Camp Hill Kindergarten & Preschool.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[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 28 July 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Camp Hill Kindergarten and Preschool Association Inc, sought the Fair Work Commission's approval of an enterprise agreement. The respondent, the Australian Education Union Queensland, represented the kindergarten teachers, while the Queensland Teachers Union represented the educational support staff. The agreement in question was the Camp Hill Kindergarten and Preschool Association Inc Enterprise Agreement 2015. The central dispute hinged on whether the agreement met the legal criteria for approval, focusing on its compliance with the Fair Work Act 2009.

The legal issues before the court were whether the agreement provided a safety net of minimum wages and conditions, ensured fair remuneration, and contained no provisions that were contrary to public policy. Additionally, the court examined whether the agreement had been genuinely bargained between the parties and whether it provided for a proper dispute resolution process. The union contended that the agreement did not adequately protect the minimum rights of employees and questioned the fairness of certain provisions.

The Commission found that the agreement met the statutory requirements for approval. It was determined that the agreement provided a safety net of minimum wages and conditions and did not contain any provisions contrary to public policy. The court held that the agreement had been genuinely bargained and contained an appropriate dispute resolution process. Consequently, the application for approval was successful, and the agreement was approved as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the Camp Hill Kindergarten and Preschool Association Inc Enterprise Agreement 2015, confirming its compliance with the statutory requirements for registration. The agreement was to be registered as a certified agreement, effective from the date of the Commission's decision. This ruling ensured that the terms and conditions of employment for the kindergarten teachers and educational support staff were legally recognised and enforceable.

Camp Hill Kindergarten & Preschool

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established