Florence Kindergarten & Pre-School Inc

[2013] FWCA 5161

FAIR WORK COMMISSION

DECISION

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

Florence Kindergarten & Pre-School Inc
(AG2013/1637)

EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2012 FLORENCE KINDERGARTEN & PRE-SCHOOL INC

Educational services
COMMISSIONER BOOTH	BRISBANE, 29 JULY 2013

Application for approval of the Early Childhood Education Enterprise Agreement 2012 Florence Kindergarten & Pre-School Inc.

[1] An application has been made for approval of a single enterprise agreement known as the Early Childhood Education Enterprise Agreement 2012 Florence Kindergarten & Pre-School Inc (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 5 August 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Florence Kindergarten & Pre-School Inc. recently presented a matter before the Fair Work Commission, seeking approval of the Early Childhood Education Enterprise Agreement 2012. The applicant, Florence Kindergarten & Pre-School Inc., a not-for-profit early childhood education and care provider, sought approval for the proposed agreement that outlines terms and conditions of employment for its employees. The case involved the scrutiny of the agreement's compliance with relevant legislative standards and provisions, particularly in relation to the Fair Work Act 2009.

The legal issues before the court encompassed whether the proposed agreement was a "single, clear and complete" document that complied with the statutory requirements set forth by the Fair Work Act. This included ensuring that the agreement covered all mandatory terms and conditions, was free from prohibited content, and did not unfairly discriminate against any group of employees. Furthermore, the court examined whether the agreement was genuinely negotiated and if it provided for a fair and efficient workplace.

In delivering its decision, the Fair Work Commission meticulously reviewed the proposed agreement. The Commission found that the agreement was a comprehensive and clear document that complied with the legislative requirements. The court noted that the agreement had been genuinely negotiated between the parties and was in the best interest of both employers and employees. The Commission concluded that the agreement met all necessary criteria and was therefore approved. This decision ensures that the terms and conditions of employment are fair and compliant with the law, protecting the rights of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established