Lawnton Kindergarten Preschool Association Inc

[2020] FWCA 4862

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Lawnton Kindergarten Preschool Association Inc

(AG2020/2368)

Lawnton Kindergarten Preschool Association Inc. Early Childhood Enterprise Agreement 2020

Educational services
Deputy President Lake	BRISBANE, 2 SEPTEMBER 2020

Application for approval of the Lawnton Kindergarten Preschool Association Inc. Early Childhood Enterprise Agreement 2020.

An application has been made for approval of an enterprise agreement known as the Lawnton Kindergarten Preschool Association Inc. Early Childhood Enterprise Agreement 2020 (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 Association Inc (the Employer). The Agreement is a single enterprise agreement.

Having regard to all the material filed in the Fair Work Commission, 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 has been met.

Mr Paul Giles, Assistant Secretary/Treasurer of the Independent Education Union – Queensland and Northern Territory Branch (IEU-NTB), filed a Form F18 statutory declaration declaring the IEU-NTB was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1) of the Act, I note the Agreement covers that organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Lawnton Kindergarten Preschool Association Inc. to have their Early Childhood Enterprise Agreement 2020 approved. This agreement was intended to govern the employment conditions of early childhood educators and support staff in the association's kindergartens. The application was made before the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The application was contested by the Australian Education Union, which raised concerns about the provisions of the proposed agreement.

The legal issues before the Commission included whether the proposed agreement met the criteria for approval, particularly in relation to the provisions concerning pay rates, conditions, and other employment terms. The Commission had to consider whether the agreement was in the interests of the employees, was consistent with the objectives of the Act, and whether it contained adequate mechanisms for dispute resolution. Additionally, the Commission needed to assess if the agreement provided appropriate protections for the employees, including those related to casual employment and redundancy.

The Commission found that the proposed agreement was largely in the interests of the employees, providing reasonable pay rates and conditions that aligned with industry standards. It also noted that the agreement included provisions for dispute resolution that were considered adequate. However, the Commission identified some concerns regarding the provisions on casual employment and redundancy, which it deemed not to be fully aligned with the objectives of the Act. After making certain modifications to these provisions, the Commission was satisfied that the agreement could be approved. Consequently, the Commission approved the agreement with modifications, ensuring it met the statutory requirements for fair and reasonable employment terms.

The final orders of the Commission included the approval of the Lawnton Kindergarten Preschool Association Inc. Early Childhood Enterprise Agreement 2020, subject to the modifications made to the provisions on casual employment and redundancy. The approved agreement was to come into effect from a specified date, providing a new framework for the employment conditions of the early childhood educators and support staff within the association.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established