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.

[1] 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.

[2] 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.

[3] 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.

[4] 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 Lawnton Kindergarten Preschool Association Inc. sought approval of an enterprise agreement from the Fair Work Commission. The association is an employer of early childhood educators and support staff, and the agreement in question was intended to govern the terms and conditions of employment for those workers. The dispute arose because the association believed that the agreement was necessary to ensure the financial sustainability of the kindergarten, while the educators' union argued that the proposed terms were not fair and reasonable. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The central legal issue was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement met the criteria for being a "single-enterprise agreement" and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both the employer and the employees. The union argued that the proposed agreement did not adequately protect the educators' wages and conditions, while the association contended that the agreement was necessary for the financial viability of the kindergarten.

In reaching its decision, the Commission carefully examined the terms of the proposed agreement and the evidence presented by both parties. It determined that the agreement was a genuine single-enterprise agreement as it covered all employees of the association. The Commission found that while the proposed terms did not perfectly align with the union's preferences, they did not unfairly disadvantage the educators. The association's evidence regarding the financial pressures facing the kindergarten was deemed credible, and the Commission concluded that the agreement was fair and reasonable. Consequently, the Commission approved the Lawnton Kindergarten Preschool Association Inc. Early Childhood Enterprise Agreement 2020.

The Fair Work Commission approved the Lawnton Kindergarten Preschool Association Inc. Early Childhood Enterprise Agreement 2020, finding it to be a genuine single-enterprise agreement that provided for fair and reasonable terms and conditions. The Commission's decision acknowledged the financial pressures faced by the association and balanced those considerations with the need to protect the rights and interests of the educators. The agreement was thus approved, and it will now govern the employment terms and conditions for the early childhood educators and support staff employed by the association.

Lawnton Kindergarten Preschool Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established