Chiselhurst Kindergarten Association Inc

[2022] FWCA 2968

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chiselhurst Kindergarten Association Inc

(AG2022/3500)

Chiselhurst Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

Educational services
COMMISSIONER HUNT	BRISBANE, 26 AUGUST 2022

Application for approval of the Chiselhurst Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

Chiselhurst Kindergarten Association Inc (the Employer) has applied for approval of an enterprise agreement known as the Chiselhurst Kindergarten Early Childhood Education Collective Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

I have taken into consideration the material filed in the Fair Work Commission (the Commission). 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2022. The nominal expiry date of the Agreement is 26 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Chiselhurst Kindergarten Association Inc sought approval for the Chiselhurst Kindergarten Early Childhood Education Collective Enterprise Agreement 2022. The application for approval was made by the Association, and the respondents included the Australian Education Union, the Kindergarten Union of Victoria, and the United Voice. The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the proposed agreement complied with the legislative criteria for approval, specifically whether it contained minimum terms and conditions as required by section 231 of the Act. This involved examining whether the agreement provided for minimum wages, leave entitlements, and other conditions that were not less favourable than those provided by the relevant industrial instrument or the National Employment Standards.

The Commission examined the proposed agreement in detail, considering submissions from the parties. It found that the agreement contained the necessary minimum terms and conditions, and did not include any provisions that were less favourable than the relevant industrial instrument or the National Employment Standards. The Commission was satisfied that the agreement was fair and reasonable, and approved it accordingly.

The final orders of the Commission were that the Chiselhurst Kindergarten Early Childhood Education Collective Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Commission and would apply to the employees covered by the agreement from 1 July 2022. The Commission also ordered that the application fees be paid by the applicant within 28 days of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established