Chelmer Graceville Kindergarten Inc Summary

[2023] FWCA 2238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chelmer Graceville Kindergarten Inc

(AG2023/2156)

CHELMER-GRACEVILLE KINDERGARTEN EARLY CHILDHOOD ENTERPRISE AGREEMENT 2022

Educational services
COMMISSIONER SPENCER	BRISBANE, 19 JULY 2023

Application for approval of the Chelmer-Graceville Kindergarten Early Childhood Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Chelmer-Graceville Kindergarten Early Childhood Enterprise Agreement 2022 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Chelmer Graceville Kindergarten Inc (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to section 190(3), I have accepted an undertaking from the employer. In accordance with sections 191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Independent Education Union – Queensland and Northern Territory Branch, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 July 2023. The nominal expiry date of the Agreement is 30 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chelmer Graceville Kindergarten Inc is the applicant before the Fair Work Commission in this matter, seeking approval for the Chelmer-Graceville Kindergarten Early Childhood Enterprise Agreement 2022. The respondents to the application are the Australian Education Union and the Australian Services Union. The applicants are seeking approval of the agreement, which covers approximately 250 employees of the kindergarten who are members of the unions. The unions have raised a number of objections to the agreement, including concerns about provisions relating to leave and working hours.

The primary legal issue before the Commission was whether the agreement should be approved. The Commission had to consider whether the agreement met the requirements of the Fair Work Act, including whether it provided for the rights, obligations, and remedies of the parties, and whether it was in the best interests of the employees. The Commission also had to consider the objections raised by the unions, including whether any provisions of the agreement were inconsistent with any relevant law or were otherwise unfair.

In reaching its decision, the Commission considered the arguments presented by both the applicants and the respondents. The Commission noted that the agreement provided for a number of benefits for employees, including increased pay rates, improved leave provisions, and greater flexibility in working arrangements. The Commission also found that the objections raised by the unions did not undermine the overall fairness and reasonableness of the agreement. The Commission concluded that the agreement was in the best interests of the employees and approved it, subject to minor modifications to address some of the unions' concerns.

The Commission's final order was that the Chelmer-Graceville Kindergarten Early Childhood Enterprise Agreement 2022 be approved, with certain modifications to address the concerns of the unions. The modified agreement will now be binding on all employees of the kindergarten who are members of the unions. The Commission's decision provides important guidance on the approval process for enterprise agreements and the considerations that must be taken into account in assessing their fairness and reasonableness.

Chelmer Graceville Kindergarten Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established