DECISION

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

Kenmore West Pre School and Kindergarten Inc
(AG2019/4907)

KENMORE WEST PRE SCHOOL AND KINDERGARTEN INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2019

Children's services
DEPUTY PRESIDENT ASBURY	BRISBANE, 23 APRIL 2020

Application for approval of the Kenmore West Pre School and Kindergarten Inc Early Childhood Education Enterprise Agreement 2019.

[1] Kenmore West Pre School and Kindergarten Inc (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Kenmore West Pre School and Kindergarten Inc Early Childhood Education Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to whether the Agreement passes the better off overall test. The views of the bargaining representatives were sought in relation to the undertakings and no concerns were received. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 30 April 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved the applicant, Kenmore West Pre School and Kindergarten Inc, which sought approval for its Early Childhood Education Enterprise Agreement 2019. The dispute arose when the Fair Work Commission was asked to approve the terms of the agreement, which had been negotiated between the applicant and its employees. The matter was heard in the Fair Work Commission, which is responsible for regulating workplace relations and employment conditions in Australia.

The central legal issue before the Commission was whether the terms of the agreement were fair and reasonable, and complied with the necessary legislative requirements. This involved assessing whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the broader objectives of the Act.

In delivering its decision, the Commission examined the terms of the agreement in detail, considering the specific needs of the parties and the nature of the work being performed. The Commission found that the agreement met the necessary criteria for approval, as it provided for fair and reasonable terms and conditions of employment, and was consistent with the broader objectives of the Act. The Commission also noted that the agreement had been negotiated in good faith, and that it provided for appropriate mechanisms for resolving disputes between the parties.

As a result of the decision, the Fair Work Commission approved the terms of the Early Childhood Education Enterprise Agreement 2019, which will now apply to the employees of the applicant. This decision provides clarity and certainty for both the applicant and its employees, and ensures that the agreement meets the necessary legal requirements.

Kenmore West Pre School and Kindergarten Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established