Kirinari Early Childhood Centre Incorporated Summary

[2021] FWCA 6554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kirinari Early Childhood Centre Incorporated
(AG2021/8032)

KIRINARI EARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT 2021-2024

Children’s services
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 NOVEMBER 2021

Application for approval of the Kirinari Early Childhood Centre Enterprise Agreement 2021-2024

[1] An application has been made for approval of an enterprise agreement to be known as the Kirinari Early Childhood Centre Enterprise Agreement 2021-2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kirinari Early Childhood Centre Incorporated (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2021. The nominal expiry date of the Agreement is 4 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Kirinari Early Childhood Centre Incorporated, an entity operating several early childhood centres in Victoria. The dispute centred around the application for approval of the Kirinari Early Childhood Centre Enterprise Agreement 2021-2024. The applicants, representing the employees, sought approval of the agreement, while the employer argued that certain provisions did not meet the requirements for a fair and reasonable agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval.

The key legal issues the Commission needed to address included whether the agreement provided for the minimum entitlements mandated by the Fair Work Act 2009, and whether it was fair and reasonable. The Commission had to assess the agreement's provisions regarding wages, hours of work, leave entitlements, and other employment conditions to ensure they were consistent with the relevant laws and standards. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated and if it promoted harmonious, productive, and cooperative workplace relationships.

The Fair Work Commission found that the agreement met the criteria for approval. The Commission noted that the agreement included provisions for minimum wages, overtime, penalty rates, and other entitlements as required by law. It also found that the agreement was genuinely negotiated between the parties and that it promoted harmonious workplace relationships. The Commission concluded that the agreement was fair and reasonable, taking into account the specific needs and circumstances of the early childhood centre sector. Consequently, the Commission approved the Kirinari Early Childhood Centre Enterprise Agreement 2021-2024.

The Fair Work Commission's final order was that the Kirinari Early Childhood Centre Enterprise Agreement 2021-2024 be approved and registered. This decision ensures that the agreement will govern the employment terms and conditions for the employees of the Kirinari Early Childhood Centre for the duration of the agreement. The approval provides certainty and stability for both the employer and the employees, while also ensuring that the workers' rights and entitlements are protected.

Kirinari Early Childhood Centre Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established