DECISION

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

Campus Kindergarten Ltd T/A Campus Kindergarten
(AG2018/6816)

CAMPUS KINGERGARTEN ENTERPRISE AGREEMENT 2018

Children's services
COMMISSIONER RIORDAN	SYDNEY, 27 MARCH 2019

Application for approval of the Campus Kindergarten Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Campus Kindergarten 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 Campus Kindergarten Ltd t/a Campus Kindergarten. The Agreement is a single enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 26 March 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Board Chair – Campus Kindergarten, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2019. The nominal expiry date of the Agreement is 21 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Campus Kindergarten Ltd, trading as Campus Kindergarten, applied to the Fair Work Commission for approval of the Campus Kindergarten Enterprise Agreement 2018. The application arose from a dispute over the terms and conditions of employment for employees of the kindergarten. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and if it had been genuinely agreed upon by both parties. The Commission had to examine the provisions of the agreement, the process by which it was negotiated, and whether there were any procedural or substantive fairness concerns. Additionally, the Commission needed to ensure that the agreement complied with any relevant award or registered agreement.

In its decision, the Fair Work Commission found that the Campus Kindergarten Enterprise Agreement 2018 was fair and reasonable, and had been genuinely agreed upon by both parties. The Commission noted that the agreement provided for appropriate terms and conditions, including pay rates, hours of work, and leave entitlements, and that it was consistent with applicable awards and registered agreements. The Commission also found that the negotiation process was fair and that there were no substantive or procedural fairness concerns. Accordingly, the Commission approved the agreement as a certified agreement.

The Fair Work Commission certified the Campus Kindergarten Enterprise Agreement 2018, effective from the date of the decision. The agreement is now the governing instrument for the terms and conditions of employment for the employees of Campus Kindergarten Ltd, trading as Campus Kindergarten.

Campus Kindergarten Ltd T/A Campus Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established