Ipswich Kindergarten Association Inc. T/A Ipswich Kindergarten

[2024] FWCA 4412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ipswich Kindergarten Association Inc. T/A Ipswich Kindergarten

(AG2024/4297)

IPSWICH KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2024

Children's services
DEPUTY PRESIDENT CROSS	SYDNEY, 11 DECEMBER 2024

Application for approval of the Ipswich Kindergarten Early Childhood Education Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ipswich Kindergarten Early Childhood Education Enterprise Agreement 2024 (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. T/A Ipswich Kindergarten. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Educational Services (Teachers) Award 2020 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.1.2.2, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2024. The nominal expiry date of the Agreement is 31 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Ipswich Kindergarten Association Incorporated trading as Ipswich Kindergarten and the Queensland Teachers' Union. The dispute centred around the approval of the Ipswich Kindergarten Early Childhood Education Enterprise Agreement 2024. The Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements for approval and whether it contained the minimum terms and conditions mandated by the Fair Work Act. This included verifying if the agreement had been subject to a proper process of employee consultation and if it included the minimum entitlements as stipulated by the Act. Additionally, the Commission had to assess whether the agreement appropriately dealt with the terms and conditions of employment for the kindergarten's staff.

The Commission found that the agreement had been subject to a proper consultation process, as evidenced by the documentation provided. Furthermore, it was determined that the agreement contained all the required minimum terms and conditions and appropriately addressed the employment terms for the kindergarten's staff. Consequently, the Commission approved the Ipswich Kindergarten Early Childhood Education Enterprise Agreement 2024, finding it compliant with the necessary legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established