DECISION

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

Hillsdon Kindergarten Association Inc T/A Hillsdon Kindergarten
(AG2014/10200)

HILLSDON KINDERGARTEN EARLY CHILDHOOD ENTERPRISE AGREEMENT 2015-2017

Children's services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

Application for approval of the Hillsdon Kindergarten Early Childhood Enterprise Agreement 2015-2017.

[1] An application has been made for approval of a single enterprise agreement known as the Hillsdon Kindergarten Early Childhood Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hillsdon Kindergarten Association Inc T/A Hillsdon Kindergarten.

[2] On the basis of the material before me, 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] The Agreement is approved and, in accordance with s.54, will operate from 22 January 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Hillsdon Kindergarten Association Inc trading as Hillsdon Kindergarten, sought approval of an early childhood enterprise agreement from the Fair Work Commission. The agreement covered employees who were early childhood educators, educators and assistants employed by the kindergarten. The applicants argued that the agreement was appropriate for the circumstances of the kindergarten, given the nature of the work and the workforce, and should be approved.

The Commission was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement was in the interests of the employees it covered, and whether it was made in accordance with the procedural requirements of the Act. The Commission also needed to consider whether the agreement provided for appropriate minimum terms and conditions of employment for the employees it covered.

The Commission found that the agreement was appropriate for the circumstances of the kindergarten and its employees. It considered that the agreement provided for appropriate minimum terms and conditions of employment, and that it was in the interests of the employees it covered. The Commission also found that the agreement was made in accordance with the procedural requirements of the Act. Accordingly, the Commission approved the agreement.

The Commission made an order approving the Hillsdon Kindergarten Early Childhood Enterprise Agreement 2015-2017, which was to commence on 1 July 2015 and expire on 30 June 2017. The agreement was to apply to employees who were early childhood educators, educators and assistants employed by the kindergarten.

Hillsdon Kindergarten Association Inc T/A Hillsdon Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established