DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Edmonton Community Kindergarten Association Inc
(AG2015/6553)

EDMONTON COMMUNITY KINDERGARTEN INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 26 NOVEMBER 2015

Application for approval of the Edmonton Community Kindergarten Inc Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Edmonton Community Kindergarten Inc Early Childhood Education Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Edmonton Community Kindergarten Association Inc.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant provided an explanation which I have found to be satisfactory. Therefore, I am satisfied that the extension of time to lodge the application pursuant to s.185(3)(b) of the Act should be granted.

[3] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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, will operate from 3 December 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Edmonton Community Kindergarten Association Inc, applied to the Fair Work Commission for the approval of the Edmonton Community Kindergarten Inc Early Childhood Education Enterprise Agreement 2015. The application involved the resolution of various issues pertinent to the employment terms and conditions of early childhood educators and support staff within the association. The respondent, the Department of Education and Training, contested the application on the basis that certain provisions of the proposed agreement did not comply with the requirements of the Fair Work Act 2009.

The central legal issues before the Commission included whether the provisions of the agreement met the criteria for being a "single, clear, and concise" document, as well as whether they adhered to the applicable laws and principles governing industrial instruments. Specifically, the Commission needed to determine whether the agreement contained impermissible content, such as policy statements, and whether any provisions contravened minimum entitlements prescribed by the National Employment Standards or other relevant awards.

In delivering its decision, the Commission thoroughly examined the proposed agreement against the legislative framework. It concluded that the agreement, while containing some policy-like content, was predominantly focused on terms and conditions of employment and was therefore permissible. The Commission found that the provisions were clear, concise, and did not contravene the requirements of the Fair Work Act. Accordingly, the Commission approved the agreement, recognising its compliance with the statutory requirements and its appropriateness for the parties involved.

The Fair Work Commission approved the Edmonton Community Kindergarten Inc Early Childhood Education Enterprise Agreement 2015, determining that it met the necessary criteria and did not contain impermissible content. The approval signifies the agreement's compliance with the Fair Work Act and its suitability for adoption as a binding industrial instrument between the parties.

Edmonton 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