Carina Kindergarten & Preschool Assoc. Inc.

[2024] FWCA 2131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Carina Kindergarten & Preschool Assoc. Inc.

(AG2024/1885)

CARINA KINDERGARTEN & PRESCHOOL AGREEMENT 2024

Children's services
COMMISSIONER LEE	MELBOURNE, 18 JUNE 2024

Application for approval of the Carina Kindergarten & Preschool Agreement 2024

An application has been made for approval of an enterprise agreement known as the Carina Kindergarten & Preschool Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carina Kindergarten & Preschool Assoc. Inc. The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2024. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, Carina Kindergarten & Preschool Association Inc. sought approval for the Carina Kindergarten & Preschool Agreement 2024. The agreement pertains to the employment conditions of staff members within the kindergarten sector in Queensland. The application was brought under the Fair Work Act 2009, with a specific focus on the processes required for approving enterprise agreements in the context of the Fair Work Commission's (FWC) regulatory framework.

The central legal issues before the Commission involved the procedural correctness of the application and the compliance of the proposed agreement with the statutory requirements of the Fair Work Act. This included whether the necessary consultation processes had been adequately undertaken with the employees and whether the agreement met the criteria for being deemed a simple, low-risk, or green field agreement. Additionally, the Commission needed to determine if the agreement would provide for fair and reasonable terms and conditions for the employees.

The Fair Work Commission found that the application was procedurally sound, and that the requisite consultation processes had been properly conducted. The Commission concluded that the proposed agreement was a low-risk agreement, as it did not introduce significant changes to existing conditions and was consistent with the principles of the Fair Work Act. The terms and conditions proposed in the agreement were found to be fair and reasonable, taking into account the unique nature of the early childhood education sector. Consequently, the Commission approved the application and the proposed agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established