DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jimboomba Community Kindergarten Association Inc.
(AG2018/6947)

JIMBOOMBA COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 5 APRIL 2019

Application for approval of the Jimboomba Community Kindergarten Early Childhood Education Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Jimboomba Community Kindergarten Early Childhood Education Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Jimboomba Community Kindergarten Association Inc.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[3] With 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 Independent Education Union of Australia – Queensland and Northern Territory Branch 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Jimboomba Community Kindergarten Association Inc., sought approval from the Fair Work Commission for the Jimboomba Community Kindergarten Early Childhood Education Enterprise Agreement 2018. The dispute arose from disagreements between the applicant and the respondents, the Jimboomba Community Kindergarten Employees Association and individual employees, regarding the terms and conditions of employment under the proposed agreement. The matter was heard in the Fair Work Commission of Australia.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval, including whether it provided for a fair and reasonable terms of employment, and whether it complied with relevant minimum standards. Additionally, the Commission had to consider whether the agreement was made in accordance with the appropriate procedural requirements, including whether proper consultation had taken place and whether employees had been given a reasonable opportunity to review and respond to the proposed agreement.

The Commission found that the proposed agreement was fair and reasonable, taking into account the specific circumstances of the early childhood education sector and the need for flexibility in employment arrangements. The Commission noted that the agreement provided for appropriate minimum wages and conditions, and that it was consistent with relevant industry benchmarks. The Commission also found that the consultation process was adequate and that employees had been given a reasonable opportunity to review and respond to the proposed agreement. As a result, the Commission approved the Jimboomba Community Kindergarten Early Childhood Education Enterprise Agreement 2018.

The Fair Work Commission approved the Jimboomba Community Kindergarten Early Childhood Education Enterprise Agreement 2018, determining that it met the statutory requirements for approval and provided for fair and reasonable terms of employment. The Commission found that the agreement was consistent with relevant industry benchmarks and provided for appropriate minimum wages and conditions. The Commission also found that the consultation process was adequate and that employees had been given a reasonable opportunity to review and respond to the proposed agreement.

Jimboomba Community 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