DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lutwyche Windsor Kindergarten & Preschool Association Incorporated
(AG2014/10757)

LUTWYCHE WINDSOR KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

Application for approval of the Lutwyche Windsor Kindergarten & Preschool Early Childhood Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Lutwyche Windsor Kindergarten & Preschool Early Childhood Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lutwyche Windsor Kindergarten & Preschool Association Incorporated.

[2] On the basis of the material before me, 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 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, will operate from 22 January 2015. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Lutwyche Windsor Kindergarten & Preschool Association Incorporated, an early childhood education and care provider, and a matter concerning the approval of their enterprise agreement for the year 2015. The matter was heard by the Fair Work Commission, an Australian independent statutory body established by the Fair Work Act 2009. The central issue before the Commission was whether the proposed Early Childhood Enterprise Agreement 2015 should be approved in accordance with the provisions of the Act. The application for approval was made by the Association, and the dispute involved assessing whether the agreement met the necessary criteria for approval, including considerations of the employees' interests and the implications for the broader early childhood education sector.

The legal issues the Commission was required to decide included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the relevant legislative requirements, and whether it was consistent with the principles of the Fair Work Act. Additionally, the Commission needed to consider whether the agreement would have a detrimental effect on the employees, the association, or the early childhood education sector. The fairness and reasonableness of the agreement's terms and conditions were evaluated based on various factors, such as the level of remuneration, working conditions, and other entitlements for the employees covered by the agreement.

In its decision, the Commission considered the evidence presented by both the Association and the employees' representatives. The Commission found that the proposed agreement was fair and reasonable in all respects and did not have any detrimental effect on the employees, the Association, or the early childhood education sector. The Commission emphasised that the agreement provided for appropriate remuneration and conditions for the employees, and that it was consistent with the broader principles of the Fair Work Act. Consequently, the Commission approved the Early Childhood Enterprise Agreement 2015, subject to the conditions outlined in the decision. The Association was required to implement the approved agreement, ensuring compliance with the terms and conditions set forth by the Commission.

Lutwyche Windsor Kindergarten & Preschool Association Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established