Granville Community Kindergarten And Preschool Association T/A Granville Community Kindergarten And Preschool Association

[2023] FWCA 647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Granville Community Kindergarten And Preschool Association T/A Granville Community Kindergarten And Preschool Association

(AG2023/194)

Granville Community Kindergarten Association Early Childhood Education Enterprise Agreement 2022

Educational services
COMMISSIONER JOHNS	MELBOURNE, 28 FEBRUARY 2023

Application for approval of the Granville Community Kindergarten Association Early Childhood Education Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Granville Community Kindergarten Association Early Childhood Education 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 Granville Community Kindergarten And Preschool Association T/A Granville Community Kindergarten And Preschool Association. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 7 March 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Australian Industrial Relations Commission concerned the approval of the Granville Community Kindergarten Association Early Childhood Education Enterprise Agreement 2022. The applicant, the Granville Community Kindergarten And Preschool Association trading as the Granville Community Kindergarten And Preschool Association, sought approval for the proposed agreement, which had been negotiated between the association and its employees. The dispute centred on the terms and conditions of employment for the kindergarten's staff, including wages, working hours, and other employment-related matters.

The primary legal issues the court was required to address were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it was made in good faith and without coercion. The court also needed to consider whether the agreement provided fair and reasonable terms and conditions for the employees and if it met the criteria for being a "single, short, and simple" agreement. Furthermore, the court had to examine whether the agreement adequately addressed the needs of both the employer and the employees, and if it promoted a productive workplace.

The court found that the proposed agreement was in compliance with the Fair Work Act 2009, as it was made in good faith and without coercion. The agreement was deemed to provide fair and reasonable terms and conditions for the employees, as it addressed various employment-related matters, such as wages, working hours, and leave provisions. The court also concluded that the agreement was a "single, short, and simple" agreement, as it contained all necessary terms and conditions of employment in one document. The court determined that the agreement promoted a productive workplace by establishing clear expectations for both the employer and the employees.

As a result of the court's findings, the Granville Community Kindergarten And Preschool Association Early Childhood Education Enterprise Agreement 2022 was approved, and the application was granted. This decision ensures that the employees of the Granville Community Kindergarten And Preschool Association will benefit from the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established