DECISION

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

Hillsdon Kindergarten Association Inc T/A Hillsdon Kindergarten
(AG2019/3158)

HILLSDON KINDERGARTEN EARLY CHILDHOOD ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER HUNT	BRISBANE, 6 SEPTEMBER 2019

Application for approval of the Hillsdon Kindergarten Early Childhood Enterprise Agreement 2019.

[1] Hillsdon Kindergarten Association Inc T/A Hillsdon Kindergarten has applied for approval of an enterprise agreement known as the Hillsdon Kindergarten Early Childhood Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Independent Education Union of Australia (IEUA), 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the IEUA.

[3] I have taken into consideration the material filed in the Commission. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Hillsdon Kindergarten Association Inc, trading as Hillsdon Kindergarten, sought approval of the Hillsdon Kindergarten Early Childhood Enterprise Agreement 2019 in the Fair Work Commission. The applicant argued that the agreement met the requirements of the Fair Work Act 2009 and should be approved. The primary issue before the commission was whether the agreement complied with the relevant provisions of the Act, including whether it was made in good faith and whether it was in the best interests of the employees covered by the agreement.

The commission considered the evidence provided by the applicant and the submissions made by the parties. The commission found that the agreement was made in good faith and was in the best interests of the employees. The commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and other employment-related matters. The commission also found that the agreement met the requirements of the Act in relation to the process by which it was made.

The commission approved the Hillsdon Kindergarten Early Childhood Enterprise Agreement 2019, subject to certain conditions. The commission ordered that the agreement be registered and that it would be in effect from 1 July 2019. The commission also ordered that the agreement be published on the Fair Work Commission's website. The parties were directed to take all necessary steps to give effect to the agreement and to ensure that it was complied with by all relevant parties.

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