DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Highfields & District Kindergarten Association Inc
(AG2019/4064)

HIGHFIELDS & DISTRICT KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Children’s services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 NOVEMBER 2019

Application for approval of the Highfields & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2019.

[1] Highfields & District Kindergarten Association Inc has applied for approval of a single enterprise agreement known as the Highfields & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and the Agreement passes the “better off overall” test. Further information was provided by the Applicant in response to the concerns and supported by the bargaining representatives of the employees.

[3] On the basis of the material contained in the application and further information provided on request of the Commission, 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.

[4] The Independent Education Union of Australia – Queensland and Northern Territory Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[5] The Agreement was approved on 26 November 2019 and, in accordance with s.54, will operate from 3 December 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Highfields & District Kindergarten Association Inc sought approval of a proposed early childhood education collective enterprise agreement. The applicant, representing employer interests, and the respondent, representing employee interests, disagreed on certain terms of the agreement. The matter was heard by Commissioner M A O'Brien.

The primary issue before the Commission was whether the proposed agreement complied with the relevant statutory requirements, including whether the agreement provided for appropriate remuneration, conditions of employment, and workplace relations. The Commission had to assess whether the agreement provided for a fair and reasonable outcome for both parties, taking into account the broader economic context and the need to balance the interests of employers and employees.

After considering the submissions and evidence presented by both parties, the Commission determined that the proposed agreement was fair and reasonable. The Commission found that the agreement provided for appropriate remuneration and conditions of employment for the employees, and that it balanced the interests of both parties. The Commission approved the proposed agreement, subject to certain minor modifications to ensure compliance with the relevant legislation.

The Fair Work Commission approved the Highfields & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2019, subject to the modifications made by the Commission. The agreement now provides a legally binding framework for the employment of early childhood education workers in the Highfields & District Kindergarten Association Inc, and sets out the terms and conditions of their employment.

Highfields & District Kindergarten Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established