DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eatons Hill Community Kindergarten Association Inc
(AG2020/3569)

EATONS HILL COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 7 DECEMBER 2020

Application for approval of the Eatons Hill Community Kindergarten Early Childhood Education Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Eatons Hill Community Kindergarten Early Childhood Education Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eatons Hill Community Kindergarten Association Inc. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 14 December 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Eatons Hill Community Kindergarten Association Inc for the approval of the Eatons Hill Community Kindergarten Early Childhood Education Enterprise Agreement 2020. The application was lodged in the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The association sought to have the agreement, which details the terms and conditions of employment for early childhood educators, approved to ensure compliance with the legislative framework governing enterprise agreements.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees and if it adhered to the relevant provisions of the Act, including those concerning minimum entitlements and the avoidance of undue hardship on the employer. Additionally, the Commission assessed whether the agreement appropriately balanced the rights and interests of both the employees and the employer.

In its decision, the Fair Work Commission carefully examined the terms of the proposed agreement, considering the submissions from both the association and the employees. The Commission found that the agreement provided a fair and reasonable outcome for both parties, taking into account the specific needs of the early childhood education sector. It concluded that the agreement did not impose undue hardship on the employer and that it was in the best interests of the employees. The Commission approved the agreement, recognising the importance of providing a stable and fair working environment for early childhood educators.

The final orders of the Commission were to approve the Eatons Hill Community Kindergarten Early Childhood Education Enterprise Agreement 2020, effective from the date of the decision. The association was directed to take all necessary steps to give effect to the approved agreement, ensuring that it was implemented in accordance with the terms set out in the decision.

Eatons Hill Community Kindergarten Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established