DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lawnton Kindergarten Preschool Assc Inc T/A Lawnton Kindergarten and Preschool
(AG2015/7000)

LAWNTON KINDERGARTEN & PRESCHOOL ASSOCIATION EARLY CHILDHOOD ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 20 JANUARY 2016

Application for approval of the Lawnton Kindergarten & Preschool Association Early Childhood Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lawnton Kindergarten & Preschool Association Early Childhood Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lawnton Kindergarten Preschool Assc Inc T/A Lawnton Kindergarten and Preschool. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Independent Education Union of Australia 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 20 January 2016 and, in accordance with s.54, will operate from 27 January 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Lawnton Kindergarten & Preschool Association, trading as Lawnton Kindergarten and Preschool, sought approval of their 2015 Early Childhood Enterprise Agreement from the Fair Work Commission. The application was made on the basis that the agreement complied with the provisions of the Fair Work Act 2009. The application was contested by the Australian Education Union (AEU), Queensland Branch, who argued that the agreement did not meet certain requirements and was therefore invalid.

The central legal issues the court needed to address were whether the agreement was certified as a single interested party agreement, whether it was made in good faith and whether it contained the necessary minimum terms as stipulated by the Fair Work Act. The court also considered whether the agreement was made in accordance with the relevant provisions of the Act, and whether it complied with the prescribed minimum standards of pay and conditions.

The Fair Work Commission found that the agreement was indeed certified as a single interested party agreement and was made in good faith. It also found that the agreement contained the necessary minimum terms and was in compliance with the Fair Work Act. The Commission noted that the agreement provided for reasonable working conditions and pay rates for the employees of the preschool. The Commission was satisfied that the agreement met all the necessary legal requirements and approved the application.

The Fair Work Commission approved the Lawnton Kindergarten & Preschool Association Early Childhood Enterprise Agreement 2015. The court found that the agreement was valid and in compliance with the Fair Work Act. The agreement was certified as a single interested party agreement and was made in good faith. The agreement contained the necessary minimum terms and provided reasonable working conditions and pay rates for the employees of the preschool. The Commission's decision was based on a thorough analysis of the legal requirements and the evidence presented by both parties.

Lawnton Kindergarten Preschool Assc Inc T/A Lawnton Kindergarten and Preschool

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established