DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Condy Park Preschool & Kindergarten Association Inc.
(AG2016/1675)

CONDY PARK PRESCHOOL & KINDERGARTEN ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 16 AUGUST 2016

Application for approval of the Condy Park Preschool & Kindergarten Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Condy Park Preschool & Kindergarten Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Condy Park Preschool & Kindergarten Association Inc. 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 Independent Education Union 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 August 2016 and, in accordance with s.54, will operate from 23 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Condy Park Preschool & Kindergarten Association Inc. sought approval for the Condy Park Preschool & Kindergarten Enterprise Agreement 2016. The application was heard in the Fair Work Commission, where the applicant applied for the agreement to be registered under the Fair Work Act 2009. The applicant argued that the agreement met the legal requirements for registration and should be approved to govern the employment terms and conditions for its employees.

The primary legal issue before the Commission was whether the Condy Park Preschool & Kindergarten Enterprise Agreement 2016 complied with the Fair Work Act 2009. The applicant had to demonstrate that the agreement contained the necessary provisions and was fair and reasonable. The Commission examined the agreement's content and the process through which it was negotiated to determine if it met the statutory requirements. Specifically, the Commission considered whether the agreement addressed all the prescribed minimum terms and conditions and if it was certified by an independent umpire.

The Commission found that the Condy Park Preschool & Kindergarten Enterprise Agreement 2016 met all the statutory requirements for registration. The agreement included all the necessary provisions and was certified by an independent umpire. The Commission also noted that the agreement was negotiated in good faith and was fair and reasonable. As a result, the Commission approved the agreement, and it was registered under the Fair Work Act 2009. This decision ensured that the employment terms and conditions for the employees of the Condy Park Preschool & Kindergarten Association Inc. were governed by a legally compliant and fair agreement.

Condy Park Preschool & Kindergarten Association Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established