DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chapel Hill Community Preschool & Kindergarten Association Inc
(AG2017/450)

CHAPEL HILL COMMUNITY PRE-SCHOOL AND KINDERGARTEN ASSOCIATION INC. EARLY CHILDHOOD ENTERPRISE AGREEMENT 2016-2019

Educational services
COMMISSIONER ROE	MELBOURNE, 21 MARCH 2017

Application for approval of the Chapel Hill Community Pre-School and Kindergarten Association Inc. Early Childhood Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Chapel Hill Community Pre-School and Kindergarten Association Inc. Early Childhood Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chapel Hill Community Preschool & Kindergarten Association Inc. The Agreement is a single enterprise agreement.

[2] 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 21 March 2017 and, in accordance with s.54, will operate from 28 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Chapel Hill Community Preschool & Kindergarten Association Inc. The applicant sought approval of the Early Childhood Enterprise Agreement 2016-2019. The agreement was entered into between the applicant and the Australian Education Union Queensland Branch, representing the early childhood educators employed by the association. The dispute centred around the terms and conditions of employment for the educators, including wages, hours of work, and other employment-related matters.

The legal issues before the commission included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it complied with the 'better off overall test'. The commission had to determine if the agreement provided a fair and reasonable outcome for the educators, ensuring they were not worse off than under the applicable award or previous agreement. Additionally, the commission considered whether the agreement contained provisions that were necessary to facilitate the efficient operation of the preschool and kindergarten association.

In delivering its decision, the commission examined the terms of the agreement in detail, considering the evidence presented by both parties. The commission found that the proposed agreement met the statutory requirements and satisfied the 'better off overall test'. The commission noted that the agreement provided for wage increases, improved conditions of work, and included provisions that were necessary for the efficient operation of the preschool and kindergarten association. Consequently, the commission approved the agreement, confirming that it provided a fair and reasonable outcome for the educators.

The final orders of the commission included the approval of the Early Childhood Enterprise Agreement 2016-2019 between the Chapel Hill Community Preschool & Kindergarten Association Inc. and the Australian Education Union Queensland Branch. The agreement was to be registered by the commission and would govern the employment terms and conditions of the early childhood educators employed by the association for the period specified in the agreement.

Chapel Hill Community Preschool & Kindergarten Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established