DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ipswich Kindergarten Association Inc
(AG2020/3676)

IPSWICH KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 15 DECEMBER 2020

Application for approval of the Ipswich Kindergarten Early Childhood Education Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ipswich Kindergarten Early Childhood Education Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ipswich Kindergarten Association Inc. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained a typographical error in the index at clause 1.6. On 15 December 2020, the Applicant filed an amended page to the Agreement, fixing the typographical error, pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Ipswich Kindergarten Association Inc applied to the Fair Work Commission for the approval of the Ipswich Kindergarten Early Childhood Education Enterprise Agreement 2020. The application was brought under section 232 of the Fair Work Act 2009, which allows for the approval of enterprise agreements that meet certain criteria. The application was opposed by a number of individuals who were concerned about the terms of the proposed agreement.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith and without coercion. The Commission also considered whether the agreement would have a detrimental effect on the employees' terms and conditions of employment.

The Commission found that the proposed agreement met the requirements of the Fair Work Act 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, and that it was made in good faith and without coercion. The Commission also found that the agreement would not have a detrimental effect on the employees' terms and conditions of employment. The Commission approved the Ipswich Kindergarten Early Childhood Education Enterprise Agreement 2020.

The Fair Work Commission approved the Ipswich Kindergarten Early Childhood Education Enterprise Agreement 2020. The approval is effective from the date of the Commission's decision and will apply to all employees covered by the agreement.

Ipswich 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