DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geebung Kindergarten and Preschool Association Inc
(AG2019/4764)

GEEBUNG KINDERGARTEN AND PRESCHOOL ASSOC INC. EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2019

Children’s services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 JANUARY 2020

Application for approval of the Geebung Kindergarten and Preschool Assoc Inc. Early Childhood Education Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Geebung Kindergarten and Preschool Assoc Inc. Early Childhood Education Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Geebung Kindergarten and Preschool Association Inc (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] Subject to the undertakings, 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 undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Geebung Kindergarten and Preschool Association Inc, the Fair Work Commission was asked to approve an enterprise agreement for the organisation, which is a not-for-profit provider of early childhood education services. The application was made by the applicant, who is the employer, and the respondent was the Australian Education Union, which represents the employees. The primary legal issue before the Commission was whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for appropriate wage rates and conditions, and if it complied with relevant provisions concerning minimum entitlements and dispute resolution processes.

The Commission considered several factors in reaching its decision. It examined the bargaining process between the parties, the content of the agreement, and whether it contained provisions that met the minimum standards set out in the Fair Work Act. The Commission also took into account the nature of the employer's business and the specific circumstances of the employees. After carefully reviewing the evidence and arguments presented by both parties, the Commission concluded that the proposed agreement provided for appropriate wage rates and conditions, and complied with the necessary legal requirements.

Having found that the agreement was compliant, the Commission approved the Geebung Kindergarten and Preschool Assoc Inc Early Childhood Education Enterprise Agreement 2019. This decision means that the terms and conditions outlined in the agreement will now apply to the employees of the organisation, and the agreement will be registered with the Fair Work Commission. The approval of this agreement ensures that the employer and employees have a legally binding framework for their relationship, with the understanding that it will provide for fair and reasonable terms and conditions of employment.

Geebung Kindergarten and Preschool Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established