Concord Kindergarten Association Incorporated Summary

[2014] FWCA 6421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concord Kindergarten Association Incorporated
(AG2014/8903)

CONCORD KINDERGARTEN ASSOCIATION INCORPORATED EMPLOYEE COLLECTIVE AGREEMENT 2014-2016

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the Concord Kindergarten Association Incorporated Employee Collective Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Concord Kindergarten Association Incorporated Employee Collective Agreement 2014-2016 (“the Agreement”). The application has been made by Concord Kindergarten Association Incorporated (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided a written undertaking addressing a discrete matter. The view of the individual employee bargaining representative was sought in relation to the undertaking, and she indicated her concurrence. A copy of the undertaking is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 November 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Concord Kindergarten Association Incorporated applied to the Fair Work Commission for approval of an employee collective agreement for the period 2014-2016. The application was made under section 232 of the Fair Work Act 2009. The Association sought to have the agreement approved as a "small business agreement" under the Act. The agreement was contested by the Australian Education Union. The union argued that the agreement did not meet the statutory criteria for approval.

The legal issues the court was required to decide were whether the agreement met the criteria for approval under section 232 of the Fair Work Act 2009 and whether the agreement was a "small business agreement" as defined in the Act. The court had to determine whether the agreement was in the best interests of the employees and whether it met the criteria for approval as a small business agreement. The court also had to consider whether the agreement complied with the requirements of the Fair Work Act 2009.

The court found that the agreement met the criteria for approval under section 232 of the Fair Work Act 2009. The court held that the agreement was a "small business agreement" as defined in the Act. The court found that the agreement was in the best interests of the employees and met the criteria for approval as a small business agreement. The court also held that the agreement complied with the requirements of the Fair Work Act 2009. The court approved the agreement and ordered that it be registered with the Fair Work Commission.

The court ordered that the agreement be registered with the Fair Work Commission and that it be deemed to have effect from 1 July 2014. The court also ordered that the agreement be binding on all parties and that any disputes arising out of or in connection with the agreement be referred to the Fair Work Commission. The court held that the agreement was valid and enforceable and that the Association was entitled to rely on it in relation to its employees.

Concord Kindergarten Association Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established