DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kirinari Early Childhood Centre
(AG2017/1381)

KIRINARI EARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 12 MAY 2017

Application for approval of the Kirinari Early Childhood Centre Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Kirinari Early Childhood Centre Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kirinari Early Childhood Centre Inc T/As Kirinari Early Childhood Centre. The Agreement is a single enterprise agreement.

[2] 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.

[3] The United Voice 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 was approved on 12 May 2017 and, in accordance with s.54, will operate from 19 May 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case are the applicant, representing the interests of the employees of the Kirinari Early Childhood Centre, and the respondent, the employer. The nature of the dispute concerns the application for the approval of a proposed Enterprise Agreement for the employees of the Kirinari Early Childhood Centre. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The legal issues before the court involved the determination of whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions regarding minimum wages, penalties, and other employment conditions. The court needed to assess whether the agreement provided fair and reasonable terms for the employees, while also considering the needs and circumstances of the employer.

The Fair Work Commission carefully examined the proposed Enterprise Agreement, taking into account the submissions made by both parties. The Commission found that the agreement was fair and reasonable, as it provided for terms and conditions that were in line with the relevant awards, whilst also meeting the needs of both the employees and the employer. The Commission approved the agreement, subject to certain conditions that aimed to ensure that the agreement was implemented in a manner that was fair and reasonable.

The final orders of the Fair Work Commission included the approval of the proposed Enterprise Agreement, with the specified conditions attached. The agreement was to be registered with the Fair Work Commission and would be binding on the parties from the date of registration. The employer was required to implement the agreement in accordance with the terms and conditions set out in the agreement and the orders of the Commission.

Kirinari Early Childhood Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established