DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concord Kindergarten Association Incorporated
(AG2019/4225)

CONCORD KINDERGARTEN ASSOCIATION INCORPORATED EMPLOYEE COLLECTIVE AGREEMENT 2020

Children’s services
COMMISSIONER YILMAZ	MELBOURNE, 20 DECEMBER 2019

Application for approval of the Concord Kindergarten Association Incorporated Employee Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Concord Kindergarten Association Incorporated Employee Collective Agreement 2020 (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. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 27 December 2019. The nominal expiry date of the Agreement is 30 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Concord Kindergarten Association Incorporated, the Fair Work Commission was presented with an application for the approval of the Employee Collective Agreement 2020. The dispute arose between the Concord Kindergarten Association Incorporated, the employer, and the union representing the employees. The crux of the matter involved the terms and conditions of employment outlined in the proposed agreement, with the union asserting that certain provisions were not in the best interest of the employees.

The legal issues that the Commission had to resolve centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically concerning the provisions for employee entitlements, wages, and working conditions. The Commission needed to determine whether the agreement was fair and reasonable and if it met the standards of the Act. Additionally, the Commission had to consider whether the agreement provided adequate protections and benefits to the employees, and if it adhered to the principles of good faith bargaining and fairness.

The Fair Work Commission, after examining the provisions of the agreement and the submissions from both parties, concluded that the proposed Employee Collective Agreement 2020 was fair and reasonable. The Commission found that the agreement appropriately balanced the interests of both the employer and the employees, providing adequate protections and benefits. The Commission also determined that the agreement was the product of good faith bargaining and met the necessary standards under the Fair Work Act 2009. As a result, the Commission approved the Employee Collective Agreement 2020, allowing it to come into effect.

Concord Kindergarten Association Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established