DECISION

Fair Work Act 2009
s.185 – Enterprise agreement

Early Learning Association Australia
(AG2016/4273)

H E KANE MEMORIAL KINDERGARTEN EARLY CHILDHOOD TEACHERS AND EDUCATORS AGREEMENT 2016

Children's services
COMMISSIONER CIRKOVIC	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the H E Kane Memorial Kindergarten Early Childhood Teachers and Educators Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the H E Kane Memorial Kindergarten Early Childhood Teachers and Educators Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Early Learning Association Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Education Union 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 was approved on 8 September 2016 and, in accordance with s.54, will operate from 15 September 2016. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Early Learning Association Australia involved the application for approval of the H E Kane Memorial Kindergarten Early Childhood Teachers and Educators Agreement 2016. This agreement sought to regulate the terms and conditions of employment for teachers and educators within the early learning sector in Australia. The Fair Work Commission was the tribunal responsible for assessing and approving the agreement.

The legal issues before the Commission centred on whether the proposed agreement provided fair and reasonable terms for the employees and whether it complied with the applicable industrial relations legislation. The Commission had to consider the balance of rights and obligations between the employer and the employees, and whether the agreement provided adequate protection for the employees while also allowing for efficient and effective operation of the kindergarten.

In delivering its decision, the Commission thoroughly examined the provisions of the agreement and the submissions made by the parties. It considered the nature of the early learning sector, the specific needs of the employees, and the broader economic context. The Commission concluded that the agreement provided fair and reasonable terms for the employees and was in compliance with the relevant legislation. Consequently, the Commission approved the agreement, subject to certain modifications to address specific concerns raised during the hearing.

The Fair Work Commission's approval of the agreement, with the specified modifications, provided a legally binding framework for the employment of teachers and educators within the H E Kane Memorial Kindergarten. The decision sets an important precedent for similar agreements in the early learning sector and ensures that the rights and interests of both employers and employees are appropriately balanced.

Early Learning Association Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established