DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eatons Hill Community Kindergarten Association Inc
(AG2016/1068)

EATONS HILL COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JUNE 2016

Application for approval of the Eatons Hill Community Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Eatons Hill Community Kindergarten Early Childhood Education Enterprise Agreement 2015 (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] 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 June 2016 and, in accordance with s.54, will operate from 23 June 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Eatons Hill Community Kindergarten Association Inc, which sought approval for its 2015 Early Childhood Education Enterprise Agreement. The application was heard in the Fair Work Commission, Australia's workplace relations tribunal. The dispute centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the association argued that the agreement should be approved because it contained provisions that were fair and reasonable in all respects.

The primary legal issue before the Commission was whether the proposed agreement satisfied the criteria for approval as stipulated in the Fair Work Act. This involved an assessment of whether the agreement provided for fair and reasonable terms and conditions for employees, taking into account the principles of proportionality, good faith, and the nature of the enterprise. The Commission needed to determine if the agreement adequately balanced the interests of both the employer and employees, ensuring no undue hardship on the enterprise while providing fair terms and conditions for the workforce.

The Fair Work Commission, after examining the provisions of the agreement, concluded that it met the necessary criteria for approval. The Commission found that the agreement contained provisions that were fair and reasonable, taking into account the principles of good faith bargaining and proportionality. The Commission noted that the association had demonstrated that the agreement provided for appropriate terms and conditions, and that it did not place an undue burden on the enterprise. Consequently, the Commission approved the application for the agreement's registration, ensuring that the terms and conditions set out in the agreement would apply to the employees covered by it.

The final orders included the approval of the Eatons Hill Community Kindergarten Early Childhood Education Enterprise Agreement 2015, with the agreement to be registered with the Fair Work Commission. The registration ensures that the terms and conditions specified in the agreement are enforceable and apply to the relevant employees, thereby providing a stable framework for employment relations within the kindergarten.

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