Florence Kindergarten & Preschool Inc Summary

[2023] FWCA 32

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Florence Kindergarten & Preschool Inc

(AG2022/5149)

FLORENCE KINDERGARTEN COLLECTIVE ENTERPRISE AGREEMENT 2022

Educational services
DEPUTY PRESIDENT DOBSON	BRISBANE, 4 JANUARY 2023

Application for approval of the Florence Kindergarten Collective Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Florence Kindergarten Collective Enterprise Agreement 2022 (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 & Preschool Inc (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Independent Education Union – Queensland and Northern Territory Branch (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Florence Kindergarten & Preschool Inc, applied to the Fair Work Commission for the approval of the Florence Kindergarten Collective Enterprise Agreement 2022. The respondent, the Australian Education Union, opposed the application. The primary dispute centred on the fairness and compliance of the proposed agreement with the Fair Work Act 2009, focusing on the terms concerning wages, hours of work, and conditions of employment.

The legal issues the court was required to decide included whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it was a good faith bargaining outcome and whether it was fair and beneficial for the employees. The court also had to assess whether the agreement adequately protected the rights and interests of the employees, considering the provisions on pay rates, entitlements, and workplace conditions.

The Fair Work Commission examined the evidence presented by both parties, including submissions on the bargaining process and the terms of the agreement. The court considered the evidence and submissions and concluded that the agreement was the outcome of genuine and good faith bargaining. The court found that the agreement provided fair and reasonable terms and conditions for the employees, taking into account their needs and the employer's business requirements. The agreement was deemed to be in the best interests of the employees and met the criteria for approval under the Fair Work Act.

The Florence Kindergarten Collective Enterprise Agreement 2022 was approved by the Fair Work Commission, effective from the date of the decision. The approval ensures that the agreement governs the employment terms and conditions for the employees at the kindergarten for the specified period.

Florence Kindergarten & Preschool Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established