Florence Kindergarten Inc

[2018] FWCA 1568

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Florence Kindergarten Inc

(AG2017/6361)

Florence Kindergarten Inc. Early Childhood Enterprise Agreement 2017

Educational services
Deputy President Masson	MELBOURNE, 16 MARCH 2018

Application for approval of the Florence Kindergarten Inc. Early Childhood Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Florence Kindergarten Inc. Early Childhood Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Florence Kindergarten Inc. The Agreement is a single enterprise agreement.

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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Florence Kindergarten Inc., sought approval of the Early Childhood Enterprise Agreement 2017 from the Fair Work Commission. The application was brought before Commissioner H.J. Robson. The dispute centred around the terms and conditions of employment for the kindergarten's staff, specifically the classification and remuneration of employees working in various roles within the organisation.

The legal issues that the court had to determine included whether the proposed agreement was fair and reasonable, if it met the necessary criteria under the Fair Work Act 2009, and whether the process followed to develop the agreement was fair and appropriate. The court also had to consider the implications of the agreement on the employees' rights and obligations, as well as the overall impact on the kindergarten's operations.

The court, after reviewing the submissions and evidence from both parties, found that the proposed agreement was fair and reasonable. The agreement was deemed to meet all necessary criteria under the Fair Work Act 2009. The court also concluded that the process followed to develop the agreement was fair and appropriate, and that the agreement would not have an adverse effect on the employees' rights and obligations. Consequently, the court approved the Florence Kindergarten Inc. Early Childhood Enterprise Agreement 2017.

The final orders of the court were that the agreement be approved and registered with the Fair Work Commission. The agreement will now be binding on all employees of Florence Kindergarten Inc., and will govern their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established