Gundala Kindergarten Association

[2016] FWCA 1651

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gundala Kindergarten Association

(AG2016/229)

GUNDALA KINDERGARTEN EARLY CHILDHOOD ENTERPRISE

AGREEMENT 2015

Educational services

COMMISSIONER ROE

MELBOURNE, 16 MARCH 2016

Application for approval of the Gundala Kindergarten Early Childhood Enterprise

Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Gundala Kindergarten Early Childhood Enterprise Agreement 2015 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Gundala Kindergarten Association. 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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.
[2016] FWCA 1651

[4] The Agreement was approved on 16 March 2016 and, in accordance with s.54, will

operate from 23 March 2016. The nominal expiry date of the Agreement is 31 December

2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Gundala Kindergarten Association applied for the approval of the Gundala Kindergarten Early Childhood Enterprise Agreement 2015 under Section 185 of the Fair Work Act 2009. The agreement was a single enterprise agreement, which was intended to be approved by the Fair Work Commission. The Independent Education Union of Australia, as a bargaining representative for the agreement, had given notice under Section 183 of the Act that it wanted the agreement to cover its members.

The legal issues before the Fair Work Commission were whether the requirements of Sections 186, 187 and 188 of the Fair Work Act 2009 had been met, and whether the group of employees selected to be covered by the agreement had been fairly chosen. The Commission was also required to determine whether the agreement covered the organisation, in accordance with Section 201(2) of the Act.

The Fair Work Commission found that the requirements of Sections 186, 187 and 188 of the Fair Work Act 2009 had been met, and that the group of employees selected to be covered by the agreement had been fairly chosen. The Commission noted that the agreement did not cover all of the employees of the employer, but took into account the factors in Section 186(3) and (3A) of the Act. The Commission also found that the agreement covered the organisation, in accordance with Section 201(2) of the Act. The Fair Work Commission approved the Gundala Kindergarten Early Childhood Enterprise Agreement 2015, which will operate from 23 March 2016 and expire on 31 December 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established