DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jandowae Kindergarten Assoc Inc
(AG2020/3609)

JANDOWAE KINDERGARTEN INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2020

Children’s services
COMMISSIONER WILSON	MELBOURNE, 18 DECEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Jandowae Kindergarten Inc 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 Jandowae Kindergarten Assoc Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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 25 December 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by Jandowae Kindergarten Assoc Inc for the approval of the Early Childhood Education Enterprise Agreement 2020. The respondents, who were employees of the Kindergarten, did not oppose the application but sought clarification and modification of certain terms in the agreement to better reflect industry standards and practices. The case was heard in the Fair Work Commission, which has jurisdiction over such industrial matters.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether any modifications sought by the respondents would improve the fairness and effectiveness of the agreement. The Commission needed to consider the balance of the agreement, the rights and obligations of both parties, and the public interest in the context of early childhood education.

In its decision, the Commission examined the proposed agreement in detail, finding that it largely complied with the statutory requirements. However, it recognised the need for certain modifications to ensure clarity and fairness. The Commission accepted the respondents' submissions and made amendments to specific clauses regarding leave entitlements, work hours, and remuneration. It concluded that these changes did not undermine the fundamental purpose of the agreement but rather enhanced its practical application and alignment with industry norms.

The Fair Work Commission approved the Jandowae Kindergarten Assoc Inc Early Childhood Education Enterprise Agreement 2020, with the aforementioned modifications. These changes were incorporated into the agreement, ensuring it met the legislative standards and addressed the concerns raised by the respondents. The final approved agreement was to be implemented, reflecting the improved terms agreed upon by both parties.

Jandowae Kindergarten Assoc Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established