Laidley Kindergarten Assoc. Inc.

[2023] FWCA 491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Laidley Kindergarten Assoc. Inc.

(AG2023/50)

Laidley Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

Educational services
COMMISSIONER HUNT	BRISBANE, 27 FEBRUARY 2023

Application for approval of the Laidley Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

Laidley Kindergarten Assoc. Inc. (the Employer) has applied for approval of an enterprise agreement known as the Laidley Kindergarten Early Childhood Education Collective Enterprise Agreement 2022 (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.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of Ms Kelly Simpson, bargaining representative, regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertaking

CaseChat Overview and Summary

The case of Laidley Kindergarten Association Inc. concerned an application for the approval of the 2022 Early Childhood Education Collective Enterprise Agreement. The application was brought before the Fair Work Commission by the employer, Laidley Kindergarten Association Inc. The union, the Queensland Teachers Union, supported the application for approval. The legal issues before the Commission involved the validity of the agreement under the Fair Work Act 2009 and whether it complied with the procedural and substantive requirements necessary for approval.

The Commission carefully examined the agreement to ensure it met the statutory requirements for approval. The union argued that the agreement was fair and reasonable and had been negotiated in good faith. The employer supported the application, asserting that the agreement was beneficial for both parties and complied with all legislative obligations. The Commission considered the fairness and reasonableness of the agreement, the negotiation process, and whether the agreement complied with the relevant provisions of the Fair Work Act. It also assessed whether the agreement provided for a fair and efficient workplace.

Upon reviewing the evidence and arguments presented, the Commission concluded that the agreement was fair and reasonable. It found that the negotiation process was conducted in good faith and that the agreement met all the statutory requirements for approval. The Commission highlighted that the agreement provided for a fair and efficient workplace, and it was in the best interests of both the employer and employees. The Commission approved the application, and the agreement was registered.

The final orders of the Commission included the approval and registration of the Laidley Kindergarten Early Childhood Education Collective Enterprise Agreement 2022, effective from the date of the decision. The agreement was to apply to all employees of Laidley Kindergarten Association Inc., and it was to remain in force until superseded by a new agreement or terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established