DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Craigslea Kindergarten & Preschool Assoc Inc
(AG2019/2127)

CRAIGSLEA KINDERGARTEN EARLY CHILDHOOD ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER JOHNS	SYDNEY, 19 JULY 2019

Application for approval of the Craigslea Kindergarten Early Childhood Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Craigslea Kindergarten Early Childhood Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Craigslea Kindergarten & Preschool Assoc 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Craigslea Kindergarten & Preschool Association Inc applied to the Fair Work Commission for approval of the Craigslea Kindergarten Early Childhood Enterprise Agreement 2019. The respondents to the application were various teachers and educators employed by the association. The application was brought before the commission to determine if the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues for the commission to address were whether the agreement was a genuine enterprise agreement, whether it contained any unfair content, and if the agreement was procedurally sound. The commission had to determine if the agreement was negotiated in good faith, if it covered a defined group of employees, and if it complied with the provisions of the Act. Additionally, the commission needed to consider if the agreement contained any terms that could be classified as unfair under the Act.

In reaching its decision, the commission found that the agreement was a genuine enterprise agreement that was negotiated in good faith. The agreement was found to cover a defined group of employees and was compliant with the provisions of the Fair Work Act 2009. The commission also found that the agreement did not contain any unfair content. Consequently, the application was approved, and the agreement was registered.

No further orders were made.

Craigslea Kindergarten & Preschool Assoc Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established