Gaythorne Community Kindergarten Inc. T/A C&K Gaythorne Community Kindergarten Inc.

[2022] FWCA 1949

[2022] FWCA 1949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gaythorne Community Kindergarten Inc. T/A C&K Gaythorne Community Kindergarten Inc.

(AG2022/1688)

Gaythorne Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

Children’s services
COMMISSIONER HUNT	BRISBANE, 15 JUNE 2022

Application for approval of the Gaythorne Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

1. Gaythorne Community Kindergarten Inc. T/A C&K Gaythorne Community Kindergarten Inc. (the Employer) has applied for an enterprise agreement known as the Gaythorne Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022 (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.

1. The Fair Work Commission (the Commission) raised certain concerns with the Employer, specifically around the Notice of Employee Representational Rights (the NERR), as it was provided to a great scope of employees than those ultimately covered by the Agreement.  The NERR was provided to teachers, educators, an administrative employee and a cleaner.  Only the teachers and educators later participated in the vote for the Agreement. 

1. As a result of my inquiries, the Employer, through the Independent Education Union – Queensland and Northern Territory Branch (the IEU), being a bargaining representative for the Agreement, provided written statements from the Employer’s administrative employee and cleaner advising that they each agreed that they did not wish to be covered by the Agreement.  I am satisfied the written statements reflect the wishes of the two individuals. 

1. I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187 and 188 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) and the views of the two affected employees above, I am satisfied that the group of employees was fairly chosen.

1. The IEU has given 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 that the Agreement covers the IEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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