DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lutwyche-Windsor Kindergarten & Preschool Assoc. Inc. T/A Lutwyche Windsor Kindergarten & Preschool
(AG2018/2259)

LUTWYCHE WINDSOR KINDERGARTEN & PRESCHOOL ASSOC INC. EARLY CHILDHOOD ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 OCTOBER 2018

Application for approval of the Lutwyche Windsor Kindergarten & Preschool Assoc Inc. Early Childhood Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lutwyche Windsor Kindergarten & Preschool Assoc Inc. Early Childhood Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lutwyche-Windsor Kindergarten & Preschool Assoc. Inc. T/A Lutwyche Windsor Kindergarten & 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 18 October 2018 and, in accordance with s.54, will operate from 25 October 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Lutwyche-Windsor Kindergarten & Preschool Association Inc. trading as Lutwyche Windsor Kindergarten & Preschool, which sought approval of the Early Childhood Enterprise Agreement 2018. The association applied for the agreement to be certified as a new agreement under the Fair Work Act 2009. The application was contested by the Australian Education Union Queensland Division, which raised several objections concerning the proposed agreement's compliance with the relevant legislative framework.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for certification, including the provision of minimum entitlements, the compliance with the procedural requirements for bargaining and agreement-making, and whether the agreement had been genuinely negotiated. The Commission examined the bargaining process, the content of the agreement, and the representation of the parties involved to ensure the agreement met all necessary criteria.

After reviewing the evidence and submissions from both parties, the Commission found that the association had met the procedural requirements for the agreement's negotiation and that the agreement had been genuinely negotiated. The Commission further determined that the proposed agreement provided for the minimum entitlements as required by the Fair Work Act 2009. The association had demonstrated that the agreement was appropriate for the circumstances of the workplace and the employees involved. Therefore, the Commission approved the Early Childhood Enterprise Agreement 2018.

The Fair Work Commission approved the Early Childhood Enterprise Agreement 2018 and ordered it to be registered as a new agreement under the Fair Work Act 2009, effective from the date of registration. The Commission found that the association had demonstrated that the agreement met all necessary statutory requirements and was appropriate for the circumstances of the workplace and the employees involved.

Lutwyche-Windsor Kindergarten & Preschool Assoc. Inc. T/A Lutwyche Windsor Kindergarten & Preschool

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established