DECISION

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

Florence Kindergarten & Pre-School Inc
(AG2014/10293)

FLORENCE KINDERGARTEN INC. EARLY CHILDHOOD ENTERPRISE AGREEMENT 2014.

Children's services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

Application for approval of the Florence Kindergarten Inc. Early Childhood Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Florence Kindergarten Inc. Early Childhood Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Florence Kindergarten & Pre-School Inc.

[2] 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.

[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 22 January 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 case involved Florence Kindergarten & Pre-School Inc, an early childhood education provider, which sought approval for its 2014 Enterprise Agreement from the Fair Work Commission. The agreement sought to govern the employment terms of its employees. The nature of the dispute was the appropriateness and fairness of certain clauses within the agreement. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the Commission centred on the compliance of the proposed agreement with the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the 'better off overall test', which requires that employees be no worse off financially and at least as well off in terms of other conditions. Additionally, the Commission considered whether the agreement appropriately balanced the rights and interests of both employers and employees.

The Fair Work Commission assessed the agreement's provisions, including wages, leave entitlements, and working conditions, against the statutory requirements. The Commission found that the proposed agreement met the 'better off overall test' as it provided employees with a modest wage increase and did not negatively impact their existing conditions. The Commission also noted that the agreement appropriately balanced the interests of both parties, ensuring it was fair and reasonable. Consequently, the Commission approved the Florence Kindergarten Inc. Early Childhood Enterprise Agreement 2014.

The Fair Work Commission granted approval for the 2014 Enterprise Agreement, effective from 1 January 2014. The decision confirmed that the agreement met the statutory requirements and appropriately balanced the rights and interests of both employers and employees.

Florence Kindergarten & Pre-School Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established