Ipswich Kindergarten Association Inc Summary

[2013] FWCA 6407

FAIR WORK COMMISSION

DECISION

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

Ipswich Kindergarten Association Inc
(AG2013/2080)

IPSWICH KINDERGARTEN ASSOCIATION INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 4 SEPTEMBER 2013

Application for approval of the Ipswich Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2013.

[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 2013 (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 Independent Education Union of Australia, 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 11 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Ipswich Kindergarten Association Inc, sought approval of the Ipswich Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2013, from the Fair Work Commission. The respondent, the Queensland Teachers’ Union, opposed the application. The dispute centred around the contents of the agreement and its compliance with relevant employment laws and regulations.

The court was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing the agreement against various provisions, including its coverage of employees, the manner in which it was negotiated, and whether it provided fair and reasonable terms and conditions for the employees involved. Additionally, the court had to consider if the agreement adequately addressed issues such as pay rates, working conditions, and dispute resolution mechanisms.

The court examined the negotiation process and found it to be compliant with the requirements of the Act. It considered the fairness of the terms and conditions proposed in the agreement, including the pay rates and working conditions. After careful consideration of all submissions and evidence, the court concluded that the agreement met the necessary criteria for approval. It found that the agreement was fair and reasonable, providing appropriate terms and conditions for the employees.

The court approved the Ipswich Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2013, subject to certain conditions and modifications to ensure compliance with the Fair Work Act 2009. The final orders included specific provisions regarding pay rates, working conditions, and dispute resolution mechanisms, aimed at ensuring the agreement met the required standards.

Ipswich Kindergarten Association Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established