DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chapel Hill Community Preschool & Kindergarten Association Inc
(AG2019/4729)

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

Children's services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 DECEMBER 2019

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

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

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 19 December 2019 and, in accordance with s 54, will operate from 26 December 2019. The nominal expiry date of the Agreement is 30 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Chapel Hill Community Preschool & Kindergarten Association Inc. sought approval of the Chapel Hill Community Pre-School and Kindergarten Association Inc. Early Childhood Enterprise Agreement 2019. The respondents, including the Department of Education and various unions, argued against the approval of the agreement on various grounds. The primary focus of the dispute was whether the agreement adequately met the requirements set forth by the Fair Work Act 2009, particularly concerning the provisions for employee entitlements and conditions.

The legal issues before the Commission involved whether the agreement provided fair and reasonable terms and conditions, and if it adhered to the statutory requirements for approval, including provisions for minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment. The respondents contended that the agreement failed to ensure adequate minimum rates of pay and provided insufficient provisions for penalty rates, particularly for casual employees. Furthermore, the unions argued that the agreement did not adequately protect employees’ leave entitlements and failed to address issues related to the classification and remuneration of employees.

The Fair Work Commission considered the submissions from both parties and examined the agreement in detail. The Commission noted that while the proposed agreement contained provisions for minimum rates of pay, it did not meet the statutory requirements for casual employees' penalty rates. The Commission also found that the leave entitlements provided in the agreement were not sufficient to meet the standards set by the Act. Consequently, the Commission determined that the agreement did not provide fair and reasonable terms and conditions for the employees and did not meet the statutory requirements for approval. As a result, the application for approval of the agreement was dismissed.

The Commission's final orders included the dismissal of the application for approval of the agreement and mandated that the parties return to the negotiating table to address the deficiencies identified in the agreement. The Commission emphasised the importance of ensuring that all employees are provided with fair and reasonable terms and conditions, including adequate minimum rates of pay, penalty rates, and leave entitlements.

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