DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lutheran Church of Australia, Queensland District T/A Queensland Lutheran Early Childhood Services
(AG2015/7179)

QUEENSLAND LUTHERAN EARLY CHILDHOOD SERVICES SESSIONAL KINDERGARTEN AGREEMENT 2015

Educational services
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2016

Application for approval of the Queensland Lutheran Early Childhood Services Sessional Kindergarten Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Lutheran Early Childhood Services Sessional Kindergarten 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 Lutheran Church of Australia, Queensland District T/A Queensland Lutheran Early Childhood Services. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 19 February 2016. The nominal expiry date of the Agreement is 7 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were the Lutheran Church of Australia, Queensland District, trading as Queensland Lutheran Early Childhood Services, and another party whose name has not been provided. The nature of the dispute was an application for the approval of the Queensland Lutheran Early Childhood Services Sessional Kindergarten Agreement 2015. The court hearing this case was the Fair Work Commission.

The legal issues before the court were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The court was required to determine whether the agreement provided for a minimum rate of pay, leave entitlements, penalty rates, and other terms and conditions that were fair and reasonable in the circumstances.

The court considered the evidence presented by both parties and found that the proposed agreement met the requirements of the Fair Work Act 2009. The court noted that the agreement provided for a minimum rate of pay that was consistent with industry awards and agreements, as well as leave entitlements and penalty rates that were fair and reasonable. The court also found that the agreement provided for other terms and conditions that were fair and reasonable, such as provisions for flexible working arrangements and dispute resolution. Based on these findings, the court approved the Queensland Lutheran Early Childhood Services Sessional Kindergarten Agreement 2015.

No further orders were made by the court in this case. The approval of the agreement means that it can now be used as a basis for employment contracts between the Lutheran Church of Australia, Queensland District, and its employees covered by the agreement.

Lutheran Church of Australia, Queensland District T/A Queensland Lutheran Early Childhood Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established