DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dalby Beck Street Kindergarten Assoc Inc
(AG2018/1358)

DALBY BECK STREET KINDERGARTEN ASSOC INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER GREGORY	MELBOURNE, 20 JULY 2018

Application for approval of the Dalby Beck Street Kindergarten Assoc Inc Early Childhood Education Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dalby Beck Street Kindergarten Assoc Inc Early Childhood Education Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dalby Beck Street Kindergarten Assoc Inc. 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.

[3] 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.

[4] The Independent Education Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Dalby Beck Street Kindergarten Assoc Inc, the applicant sought approval for the Early Childhood Education Enterprise Agreement 2018. The matter was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009. The applicant, the Dalby Beck Street Kindergarten Assoc Inc, represented the interests of the kindergarten’s employees, while the respondents were the employers.

The central legal issues before the Commission were whether the proposed agreement met the procedural and substantive fairness tests outlined in the Fair Work Act. Procedurally, the Commission had to determine if proper consultation and bargaining processes were followed. Substantively, it needed to assess if the agreement provided for fair and reasonable terms and conditions of employment. This involved examining whether the agreement was free from any undue coercion or discrimination and that it was reasonably likely to achieve a peaceful and cooperative workplace.

In its decision, the Commission found that the agreement was procedurally valid, as the parties had engaged in genuine bargaining and provided adequate information to the employees. The Commission also concluded that the agreement was substantively fair. It found that the proposed terms and conditions were reasonable and did not disadvantage the employees. The agreement was deemed to promote a peaceful and cooperative workplace, meeting the statutory requirements for approval. Consequently, the Commission approved the Early Childhood Education Enterprise Agreement 2018.

The Fair Work Commission approved the Dalby Beck Street Kindergarten Assoc Inc Early Childhood Education Enterprise Agreement 2018, confirming that it met the necessary procedural and substantive fairness standards under the Fair Work Act. This approval allows the agreement to be registered and enforceable, providing a fair framework for the employees’ terms and conditions of employment.

Dalby Beck Street Kindergarten 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