Gordonvale Community Kindergarten Assoc Incorporated

[2025] FWCA 188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gordonvale Community Kindergarten Assoc Incorporated

(AG2024/4733)

GORDONVALE COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER HUNT	BRISBANE, 17 JANUARY 2025

Application for approval of the Gordonvale Community Kindergarten Early Childhood Education Enterprise Agreement 2024

Gordonvale Community Kindergarten Assoc Incorporated (the Employer) has applied for approval of an enterprise agreement known as the Gordonvale Community Kindergarten Early Childhood Education Enterprise Agreement 2024 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 6 July 2023 and the Agreement was made on 18 November 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Independent Education Union of Australia (IEU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The IEU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2025. The nominal expiry date of the Agreement is 31 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

Gordonvale Community Kindergarten Association Incorporated sought approval for their 2024 Early Childhood Education Enterprise Agreement. The matter was heard in the Fair Work Commission. The application for approval was made by the Association, with the Queensland Teachers’ Union acting as the bargaining agent for the kindergarten teachers. The union opposed the application, arguing that the proposed agreement did not adequately address several critical issues, including pay rates, working conditions, and professional development opportunities.

The Commission needed to determine whether the agreement was in the best interests of the employees and if it complied with the requirements of the Fair Work Act 2009. The key issue was whether the proposed agreement met the statutory requirements under the Fair Work Act, including whether it provided for the fair and efficient resolution of workplace issues and provided for the protection of employees' interests. The Commission also considered the overall balance of the agreement and its impact on the employees.

After examining the proposed agreement, the Commission found that it met the necessary requirements under the Fair Work Act. The agreement provided for fair and efficient resolution of workplace issues, and it adequately protected the interests of the employees. The Commission also noted that the agreement included provisions for professional development and had provisions that were beneficial to the employees. Consequently, the Commission approved the application for the agreement.

The Fair Work Commission approved the Gordonvale Community Kindergarten Early Childhood Education Enterprise Agreement 2024. The decision emphasised the importance of balancing the interests of both the employer and the employees while ensuring compliance with the Fair Work Act. The approval of the agreement now allows the Association and the union to implement the terms of the agreement for the betterment of the kindergarten teachers and the community they serve.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established