DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Eileen Fisher Memorial Community Kindergarten Association INC T/A Eileen Fisher Memorial Community Kindergarten
(AG2021/4656)

EILEEN FISHER MEMORIAL COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2021

Children's services
COMMISSIONER HUNT	BRISBANE, 22 APRIL 2021

Application for approval of the Eileen Fisher Memorial Community Kindergarten Early Childhood Education Enterprise Agreement 2021.

[1] Eileen Fisher Memorial Community Kindergarten Association INC T/A Eileen Fisher Memorial Community Kindergarten (the Employer) has applied for approval of an enterprise agreement known as the Eileen Fisher Memorial Community Kindergarten Early Childhood Education Enterprise Agreement 2021 (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.

[2] I have taken into consideration the material filed in the Commission. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this matter are Eileen Fisher Memorial Community Kindergarten Association Incorporated trading as Eileen Fisher Memorial Community Kindergarten and the Independent Education Union of Australia (Vic Branch). The dispute pertains to the approval of the Eileen Fisher Memorial Community Kindergarten Early Childhood Education Enterprise Agreement 2021. This case was heard in the Fair Work Commission.

The primary legal issue that the court had to address was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for coverage, which includes ensuring that it was applicable to the appropriate group of employees and that it provided for minimum terms and conditions of employment.

The court examined the submissions from both parties and found that the proposed agreement was compliant with the Fair Work Act 2009. The agreement was deemed to cover the correct group of employees and contained all the necessary minimum terms and conditions of employment as required by law. The court was satisfied that the agreement provided for appropriate protections for the employees and did not contain any terms that were contrary to public policy. Therefore, the court approved the agreement, and it will now be in effect from the date of the decision.

Eileen Fisher Memorial Community Kindergarten Association INC T/A Eileen Fisher Memorial Community Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established