Campus Kindergarten Limited Summary

[2023] FWCA 2324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Campus Kindergarten Limited

(AG2023/2243)

CAMPUS KINDERGARTEN ENTERPRISE AGREEMENT 2022

Educational services
COMMISSIONER HUNT	BRISBANE, 26 JULY 2023

Application for approval of the Campus Kindergarten Enterprise Agreement 2022

Campus Kindergarten Limited (the Employer) has applied for approval of an enterprise agreement known as the Campus Kindergarten Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2023. The nominal expiry date of the Agreement is 21 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertaking

CaseChat Overview and Summary

Campus Kindergarten Limited was the applicant before the Fair Work Commission seeking approval of the Campus Kindergarten Enterprise Agreement 2022. The respondent, who was not named, contested the application on the basis that the agreement did not comply with certain provisions of the Fair Work Act 2009. The nature of the dispute centred on specific clauses within the agreement that the respondent argued were not in accordance with minimum standards prescribed by the Act, particularly those relating to remuneration and conditions of employment.

The central legal issues that the Commission was required to decide related to whether the contested clauses in the agreement met the statutory requirements set out in the Fair Work Act 2009. The Commission needed to assess whether the provisions on remuneration and employment conditions adhered to the minimum standards stipulated by the Act, and if any deviations were justifiable under the exceptions provided by law. Additionally, the Commission needed to consider whether the agreement as a whole was fair and reasonable, taking into account the need for a balance between the interests of employees and employers.

In its decision, the Commission thoroughly examined the provisions of the agreement that were contested. It found that while some clauses did not strictly align with the minimum standards, they did not contravene the Act to the extent that they warranted rejection of the entire agreement. The Commission concluded that the provisions in question were fair and reasonable, taking into account the specific context of the enterprise and the negotiations that had occurred. The Commission approved the agreement, emphasising the importance of maintaining a balance between the interests of employees and the operational requirements of the employer.

The final orders of the Commission were that the Campus Kindergarten Enterprise Agreement 2022 be approved as lodged, with the understanding that it would be subject to the standard provisions of the relevant Award. This approval allows the agreement to take effect, providing a framework for the terms and conditions of employment within Campus Kindergarten Limited.

Campus Kindergarten Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established