DECISION

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

Koolyangarra Kindergarten Association Incorporated T/A Koolyangarra Kindergarten
(AG2015/1406)

KOOLYANGARRA KINDERGARTEN ASSOCIATION INCORPORATED EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 30 JUNE 2015

Application for approval of the Koolyangarra Kindergarten Association Incorporated Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Koolyangarra Kindergarten Association Incorporated Early Childhood Education Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Koolyangarra Kindergarten Association Incorporated T/A Koolyangarra Kindergarten.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 7 July 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Koolyangarra Kindergarten Association Incorporated T/A Koolyangarra Kindergarten sought approval of their Early Childhood Education Enterprise Agreement 2015 from the Fair Work Commission. The dispute centred on whether the proposed agreement complied with the relevant federal legislation, specifically the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary conditions for approval, including ensuring it did not adversely affect employees' conditions of employment and provided for minimum employment standards.

The central legal issue before the Commission was whether the agreement adhered to the statutory requirements set out in the Fair Work Act 2009, particularly in relation to the protection of employees' rights and the provision of minimum employment standards. The Commission examined the proposed agreement's provisions on pay rates, working hours, leave entitlements, and other employment conditions to ascertain its compliance with the legislative framework. Additionally, the Commission assessed whether the agreement was genuinely bargained between the employer and the employees, reflecting a fair and equitable resolution of the terms of employment.

The Commission found that the agreement satisfied the statutory requirements for approval under the Fair Work Act 2009. It determined that the agreement provided for minimum employment standards and did not adversely affect employees' conditions of employment. The Commission also concluded that the agreement had been genuinely negotiated between the employer and the employees, meeting the necessary criteria for approval. Consequently, the Commission approved the Early Childhood Education Enterprise Agreement 2015. The parties were directed to comply with the terms of the approved agreement, which would now govern the employment conditions of the kindergarten staff.

Koolyangarra Kindergarten Association Incorporated T/A Koolyangarra Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established