DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concord Kindergarten Association Incorporated T/A Concord Kindergarten
(AG2017/3872)

CONCORD KINDERGARTEN ASSOCIATION INCORPORATED EMPLOYEE COLLECTIVE AGREEMENT 2017-2019

Children’s services
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 JANUARY 2018

Application for approval of the Concord Kindergarten Association Incorporated Employee Collective Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Concord Kindergarten Association Incorporated Employee Collective Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Concord Kindergarten Association Incorporated T/A Concord Kindergarten. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2018. The nominal expiry date of the Agreement is 30 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Concord Kindergarten Association Incorporated, trading as Concord Kindergarten, applied to the Fair Work Commission for approval of its Employee Collective Agreement 2017-2019. The application was made under section 233 of the Fair Work Act 2009. The applicant sought approval of the agreement in its entirety, without any modifications. The dispute centred on whether the agreement met the legal requirements for approval and whether it provided fair and reasonable terms for the employees.

The central legal issues before the Commission were whether the agreement contained all the prescribed minimum terms, including those relating to wages, hours of work, and other conditions of employment. Additionally, the Commission needed to determine if the agreement was consistent with the Fair Work Act’s objectives of promoting cooperative workplace relations and achieving sustainable economic growth. The applicant argued that the agreement had been fairly negotiated and was in line with the statutory requirements.

The Commission found that the agreement contained all the prescribed minimum terms as stipulated in the Fair Work Act. It also concluded that the agreement was consistent with the objectives of the Act, including the promotion of cooperative workplace relations and sustainable economic growth. The Commission considered the evidence presented by the applicant, which demonstrated that the agreement had been fairly negotiated between the employer and the employees’ representatives. The Commission approved the agreement in its entirety, without any modifications, as it found the agreement to be fair and reasonable for the employees.

The Fair Work Commission approved the Employee Collective Agreement 2017-2019 in its entirety, without any modifications. The Commission's decision was based on its finding that the agreement met all the legal requirements under the Fair Work Act and was consistent with the Act's objectives. The Commission also acknowledged the fair negotiation process undertaken by the applicant and the employees' representatives.

Concord Kindergarten Association Incorporated T/A Concord Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established