Corinda Christian Kindergarten Association Inc T/A Corinda Christian Kindergarten Summary

[2021] FWCA 6222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corinda Christian Kindergarten Association Inc T/A Corinda Christian Kindergarten
(AG2021/7617)

CORINDA CHRISTIAN KINDERGARTEN ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER HUNT	BRISBANE, 11 OCTOBER 2021

Application for approval of the Corinda Christian Kindergarten Enterprise Agreement 2020.

[1] Corinda Christian Kindergarten Association Inc T/A Corinda Christian Kindergarten (the Employer) has applied for approval of an enterprise agreement known as the Corinda Christian Kindergarten 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] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Independent Education Union of Australia (IEU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The IEU advised it supported the Employer’s undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[5] The IEU 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) of the Act I note that the Agreement covers the IEU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2021. The nominal expiry date of the Agreement is 11 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Corinda Christian Kindergarten Association Inc, trading as Corinda Christian Kindergarten, applied to the Fair Work Commission for the approval of the Corinda Christian Kindergarten Enterprise Agreement 2020. The application arose from a dispute regarding the terms and conditions of employment for the kindergarten’s staff members. The primary issue was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including compliance with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission assessed the agreement against the criteria established by the Fair Work Act and the Fair Work (Registered Organisations) Act. Key considerations included the adequacy of the agreement in terms of minimum entitlements, procedural fairness in its creation, and whether it appropriately balanced the interests of both the employer and the employees. The Commission also examined the process by which the agreement was developed and whether it was free from any unfair or coercive practices.

Upon review, the Commission determined that the agreement complied with the necessary statutory requirements and was fair and reasonable in all respects. The Commission found that the agreement adequately covered the minimum entitlements stipulated by the Act and that the process of its creation was procedurally fair. The Commission approved the Corinda Christian Kindergarten Enterprise Agreement 2020, thereby resolving the application in favour of the Association.

Corinda Christian Kindergarten Association Inc T/A Corinda Christian Kindergarten

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established