Dysart Kindergarten Association Inc T/A Dysart Kindergarten Summary

[2023] FWCA 1111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dysart Kindergarten Association Inc T/A Dysart Kindergarten

(AG2023/399)

DYSART KINDERGARTEN ENTERPRISE AGREEMENT 2022

Children’s services
COMMISSIONER HUNT	BRISBANE, 19 APRIL 2023

Application for approval of the Dysart Kindergarten Enterprise Agreement 2022

Dysart Kindergarten Association Inc T/A Dysart Kindergarten (the Employer) has applied for approval of an enterprise agreement known as the Dysart Kindergarten Enterprise Agreement 2022 (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.

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 undertaking is attached at Annexure A. There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertaking. In accordance with s.201(3) of the Act, I note that the undertaking are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertaking 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2023. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertaking

CaseChat Overview and Summary

In the Fair Work Commission, the Dysart Kindergarten Association Inc, trading as Dysart Kindergarten, applied for approval of the Dysart Kindergarten Enterprise Agreement 2022. The dispute arose from the negotiations between the employer and the employees, represented by the Queensland Teachers' Union. The employees were seeking an improved agreement that would address their working conditions and remuneration. The Fair Work Commission was required to determine whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the terms of the proposed agreement were in compliance with the relevant provisions of the Act. This included assessing whether the agreement provided for a safety net of minimum wages and conditions, and whether it had been made in good faith. Additionally, the Commission had to consider whether the agreement adequately addressed the employees' needs and whether it was fair and reasonable in all the circumstances.

After carefully reviewing the evidence and submissions from both parties, the Fair Work Commission found that the Dysart Kindergarten Enterprise Agreement 2022 met the necessary criteria for approval. The Commission was satisfied that the agreement provided for a safety net of minimum wages and conditions, and that it had been made in good faith. The Commission also concluded that the agreement adequately addressed the employees' needs and was fair and reasonable in all the circumstances. Consequently, the Fair Work Commission approved the Dysart Kindergarten Enterprise Agreement 2022.

The Fair Work Commission's decision to approve the Dysart Kindergarten Enterprise Agreement 2022 provides clarity and certainty for both the employer and the employees. By confirming that the agreement met the necessary criteria for approval, the Commission has helped to resolve the dispute and ensure that the employees' working conditions and remuneration are adequately addressed. The approval of the agreement also provides a basis for future negotiations between the parties, and helps to promote industrial harmony and stability in the workplace.

Dysart Kindergarten Association Inc T/A Dysart Kindergarten

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established