DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ipswich Kindergarten Association Inc
(AG2015/5963)

Ipswich Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 26 NOVEMBER 2015

Application for approval of the Ipswich Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2015.

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

[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 3 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ipswich Kindergarten Association Inc, sought approval for the Early Childhood Education Enterprise Agreement 2015. The application was made under the Fair Work Act 2009, and the relevant tribunal was the Fair Work Commission. The primary dispute centred on whether the agreement met the statutory requirements for approval, particularly regarding its compliance with the modern award provisions and its fairness to the employees it covered.

The court had to determine if the agreement was consistent with the modern award, whether it provided for a safety net of minimum entitlements, and if it was fair and reasonable in terms of its terms and conditions. Additionally, the court examined if the agreement had been genuinely negotiated and if it allowed for the resolution of disputes in an efficient manner.

In reaching its decision, the Fair Work Commission found that the agreement was largely consistent with the modern award and provided a safety net of minimum entitlements. It also concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the early childhood education sector. The tribunal noted the genuine negotiation process and the provisions for efficient dispute resolution. Consequently, the Commission approved the agreement, finding it to meet the statutory criteria for registration.

The Fair Work Commission's decision resulted in the formal approval of the Early Childhood Education Enterprise Agreement 2015, which now governs the terms and conditions of employment for the employees of the Ipswich Kindergarten Association Inc.

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