DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Gymea Nursery School and Kindergarten Co-Operative Society Limited T/A Gymea Community Preschool
(AG2015/4454)

GYMEA NURSERY SCHOOL AND KINDERGARTEN CO-OP SOCIETY LIMITED CHILD CARE EDUCATOR ENTERPRISE AGREEMENT 2015

Children's services
COMMISSIONER BOOTH	BRISBANE, 6 OCTOBER 2015

Application for approval of the Gymea Nursery School and Kindergarten Co-op Society Limited Child Care Educator Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Gymea Nursery School and Kindergarten Co-op Society Limited Child Care Educator Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Gymea Nursery School and Kindergarten Co-Operative Society Limited T/A Gymea Community Preschool.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] On 28 September 2015, the Applicant sought to correct typographical errors in the Agreement. In addition, correspondence was received from United Voice confirming the oversight. The correction is as follows:-

Delete the amounts in Schedule 1 for Advanced Child Care Worker – Qualified Step 1 and insert as follows:-

Classification/Incremental Step

1 July 2015

1 July 2016

1 July 2017

Advanced Child Care Worker - Qualified

Step 1

24.42

25.15

25.90

[4] I am satisfied that the Agreement contains typographical errors and that they should be corrected pursuant to s.586 of the Act.

[5] The United Voice, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2015. The nominal expiry date of the Agreement is 5 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Gymea Nursery School and Kindergarten Co-operative Society Limited, trading as Gymea Community Preschool, applied for approval of the Gymea Nursery School and Kindergarten Co-op Society Limited Child Care Educator Enterprise Agreement 2015. The application was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the requirements of the Act and whether it was in the interests of the employees and the employer.

The legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. This included whether the agreement was made in good faith, whether it covered all relevant employees, and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission needed to determine whether the agreement was consistent with the safety net provided by the Act and whether it would promote harmonious, productive, and cooperative workplace relations.

The Commission found that the agreement was made in good faith and covered all relevant employees. It also found that the terms and conditions of the agreement were fair and reasonable, and consistent with the safety net provisions of the Act. The Commission concluded that the agreement would promote harmonious, productive, and cooperative workplace relations. As such, the Commission approved the agreement. The Gymea Nursery School and Kindergarten Co-operative Society Limited Child Care Educator Enterprise Agreement 2015 was thereby approved and registered with the Fair Work Commission.

Gymea Nursery School and Kindergarten Co-Operative Society Limited T/A Gymea Community Preschool

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established