Highfields District Kindergarten Assoc Inc

[2022] FWCA 4610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Highfields District Kindergarten Assoc Inc

(AG2022/5287)

Highfields & District Kindergarten Early Childhood Education Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 DECEMBER 2022

Application for approval of the Highfields & District Kindergarten Early Childhood Education Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Highfields & District Kindergarten 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 Highfields District Kindergarten Assoc Inc. 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 Independent Education Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 January 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Highfields & District Kindergarten Early Childhood Education Enterprise Agreement 2022 by the Highfields District Kindergarten Association Inc. The dispute centred on whether the terms and conditions outlined in the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in the public interest and complied with the relevant legislative provisions.

The key legal issues the Commission had to address included whether the agreement provided for appropriate pay and conditions, including minimum wage rates, penalty rates, leave entitlements, and other benefits, ensuring that the employees were not disadvantaged. Additionally, the Commission needed to assess whether the agreement allowed for fair and efficient workplace relations, providing a framework that facilitated the resolution of workplace disputes and promoted productivity. The Commission also examined whether the agreement included provisions for the protection of vulnerable workers and whether it complied with the procedural requirements set out in the Fair Work Act.

In its decision, the Commission found that the proposed agreement met the necessary criteria for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate wage rates and leave entitlements. The agreement also included provisions for the protection of vulnerable workers and mechanisms for resolving workplace disputes. The Commission was satisfied that the agreement was in the public interest and would facilitate fair and efficient workplace relations. Consequently, the Commission approved the Highfields & District Kindergarten Early Childhood Education Enterprise Agreement 2022.

The Fair Work Commission ordered that the Highfields & District Kindergarten Early Childhood Education Enterprise Agreement 2022 be approved and registered under the Fair Work Act 2009. The agreement would now be in effect, providing the framework for the terms and conditions of employment for the employees of the Highfields District Kindergarten Association Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established