Granville Community Kindergarten and Preschool Association Inc

Case [2019] FWCA 4366


[2019] FWCA 4366
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Granville Community Kindergarten and Preschool Association Inc
(AG2019/1989)

GRANVILLE COMMUNITY KINDERGARTEN ASSOCIATION EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2018

Children's services

COMMISSIONER JOHNS

SYDNEY, 24 JUNE 2019

Application for approval of the Granville Community Kindergarten Association Early Childhood Education Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Granville Community Kindergarten Association Early Childhood Education Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Granville Community Kindergarten and Preschool Association Inc. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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<AE504084  PR709637>

Details
AGLC
Granville Community Kindergarten and Preschool Association Inc [2019] FWCA 4366
Case
[2019] FWCA 4366
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, the Granville Community Kindergarten and Preschool Association Inc applied for the approval of the Granville Community Kindergarten Association Early Childhood Education Enterprise Agreement 2018. The applicant sought to have the agreement registered as a single, certified, and approved agreement under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement complied with the legislative requirements for approval and whether it met the standards for a single, certified, and approved agreement.

The Commission examined the agreement in light of the legislative criteria, focusing on the extent to which the agreement provided for minimum wages and conditions, and whether it adhered to the requirements for single, certified, and approved agreements. The Commission assessed the provisions of the agreement, including the terms relating to remuneration, hours of work, leave, and other employment conditions. The Commission also considered submissions from the parties and any relevant evidence or arguments presented. The Court determined that the agreement satisfied the necessary legal standards and met the criteria for approval. Consequently, the Court approved the agreement as a single, certified, and approved agreement.

The Commission approved the agreement, finding it met the legislative requirements and standards for a single, certified, and approved agreement. The Commission issued its decision, formally approving the Granville Community Kindergarten Association Early Childhood Education Enterprise Agreement 2018. This decision concluded that the agreement provided for the minimum wages and conditions and adhered to the necessary provisions for such agreements under the Fair Work Act 2009. The approved agreement now serves as the governing framework for the employment conditions of the members of the Granville Community Kindergarten and Preschool Association Inc.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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