DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Coolum Beach Community Pre School and Kindergarten Association Inc T/A Coolum Beach Community Pre School and Kindergarten
(AG2020/3251)

COOLUM BEACH COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER HUNT	BRISBANE, 11 NOVEMBER 2020

Application for approval of the Coolum Beach Community Kindergarten Early Childhood Education Enterprise Agreement 2020.

[1] Coolum Beach Community Pre School and Kindergarten Association Inc T/A Coolum Beach Community Pre School and Kindergarten (the Employer) has applied for approval of an enterprise agreement known as the Coolum Beach Community Kindergarten Early Childhood Education Enterprise Agreement 2020 (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.

[2] I have taken into consideration the material filed in the Commission and 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2020. The nominal expiry date of the Agreement is 30 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the Coolum Beach Community Pre School and Kindergarten Association Incorporated, trading as Coolum Beach Community Pre School and Kindergarten, to the Fair Work Commission for the approval of the Coolum Beach Community Kindergarten Early Childhood Education Enterprise Agreement 2020. The dispute centred on the terms and conditions of employment for early childhood educators within the association. The application was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The legal issues before the court included whether the proposed agreement met the statutory requirements for approval under the Fair Work Act, specifically whether it provided for minimum terms and conditions, was free from prohibited content, and satisfied the good faith bargaining requirements. The association argued that the agreement was fair and reasonable, while the Australian Education Union opposed the application, asserting that the proposed agreement did not provide for adequate pay and conditions for educators.

In delivering its decision, the Fair Work Commission examined the proposed agreement in detail, considering the nature of the work, the bargaining context, and the overall fairness of the terms proposed. The Commission found that the agreement did not provide for the minimum rates of pay prescribed by the relevant Award, and also contained provisions that were not consistent with the requirements of the Fair Work Act. The Commission concluded that the agreement did not meet the legislative standards for approval and dismissed the application. The Commission ordered that the application be returned to the parties for further negotiation and resubmission if appropriate.

Coolum Beach Community Pre School and Kindergarten Association Inc T/A Coolum Beach Community Pre School and Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established