DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chelmer Station Community Kindergarten Inc
(AG2015/6841)

CHELMER STATION COMMUNITY KINDERGARTEN EARLY CHILDHOOD ENTERPRISE AGREEMENT 2015

Children’s services
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Chelmer Station Community Kindergarten Early Childhood Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Chelmer Station Community Kindergarten Early Childhood Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chelmer Station Community Kindergarten Inc. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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 is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for approval of the Chelmer Station Community Kindergarten Early Childhood Enterprise Agreement 2015, with the applicant being Chelmer Station Community Kindergarten Inc. The application was made to the Fair Work Commission, which was asked to determine whether the agreement should be certified as a single-enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary requirements for certification, particularly focusing on the extent of coverage and the proper classification of employees within the agreement.

The central legal issue the court had to address was whether the proposed agreement was a single-enterprise agreement that sufficiently covered the bargaining unit. This required scrutiny of the agreement's terms to ensure they were consistent with the provisions of the Fair Work Act, particularly regarding the classification and coverage of employees. The court also needed to assess whether the agreement was made in good faith and whether it complied with the provisions of the Act that pertain to the certification of enterprise agreements.

In reaching its decision, the Fair Work Commission examined the specific provisions of the agreement and the context in which it was made. The Commission found that the agreement met the necessary criteria for certification. It concluded that the agreement was made in good faith, covered all employees within the specified bargaining unit, and complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement appropriately addressed the terms and conditions of employment for the relevant employees and provided a fair and reasonable framework for their working conditions.

The Fair Work Commission approved the Chelmer Station Community Kindergarten Early Childhood Enterprise Agreement 2015, certifying it as a single-enterprise agreement. This decision validated the agreement, allowing it to take effect and govern the employment terms and conditions of the relevant employees within the specified bargaining unit.

Chelmer Station Community Kindergarten Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established