Campus Kindergarten Ltd T/A Campus Kindergarten Summary

[2014] FWCA 5885

FAIR WORK COMMISSION

DECISION

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

Campus Kindergarten Ltd T/A Campus Kindergarten
(AG2014/6982)

CAMPUS KINDERGARTEN EARLY CHILDHOOD ENTERPRISE AGREEMENT 2014

Children's services
COMMISSIONER BOOTH	BRISBANE, 28 AUGUST 2014

Application for approval of the Campus Kindergarten Early Childhood Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Campus Kindergarten Early Childhood Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Campus Kindergarten Ltd T/A Campus Kindergarten.

[2] 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] On 25 August 2014 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] The United Voice, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2014. The nominal expiry date of the Agreement is 27 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Campus Kindergarten Limited, trading as Campus Kindergarten, applied to the Fair Work Commission for approval of the Campus Kindergarten Early Childhood Enterprise Agreement 2014. The applicant sought to have the agreement, which was registered with the Australian Industrial Relations Commission on 20 August 2014, approved as a safety net agreement. The Commission was required to consider whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the best interests of the employees and if it provided a safety net for workers in the early childhood education sector.

The court examined the terms and conditions of the agreement, the process by which it was negotiated, and the extent to which it provided for fair and reasonable terms for the employees. The Commission considered the submissions from both the applicant and the relevant union, as well as the interests of the employees. The court also took into account the broader context of the early childhood education industry and the need for appropriate safety net protections.

After thorough consideration, the Commission approved the agreement, finding that it met the criteria for approval. The court determined that the agreement provided fair and reasonable terms for the employees, and that it was in their best interests. The Commission was satisfied that the agreement provided an appropriate safety net for workers in the early childhood education sector. The decision was made in the interests of promoting harmonious, productive, and cooperative workplace relations.

The Commission approved the Campus Kindergarten Early Childhood Enterprise Agreement 2014 as a safety net agreement, recognising its importance in providing fair and reasonable terms for employees in the early childhood education sector. The decision underscores the Commission's commitment to ensuring that safety net agreements meet the necessary standards for protecting the interests of workers.

Campus Kindergarten Ltd T/A Campus Kindergarten

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established