Malanda Community Kindergarten Association Inc T/A Malanda Community Kindergarten

[2022] FWCA 2337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Malanda Community Kindergarten Association Inc T/A Malanda Community Kindergarten

(AG2022/1537)

Malanda Community Kindergarten Enterprise Agreement 2021

Children’s services
COMMISSIONER SPENCER	BRISBANE, 13 JULY 2022

Application for approval of the Malanda Community Kindergarten Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Malanda Community Kindergarten Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Malanda Community Kindergarten Association Inc T/A Malanda Community Kindergarten (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Independent Education Union – Queensland and Northern Territory Branch (IEU) 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 IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 July 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Malanda Community Kindergarten Association Inc, trading as Malanda Community Kindergarten, sought approval of an enterprise agreement from the Fair Work Commission. The applicants argued that the proposed agreement was appropriate for their workforce, which primarily consisted of early childhood educators. The respondents, who were not parties to the application, did not object to the agreement but did not provide any support either. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements for approval. This included assessing whether the agreement was made in good faith and whether it contained the minimum entitlements prescribed by the Act. Furthermore, the Commission had to consider whether the agreement met the criteria for being a “single interest” enterprise agreement, as it involved a small group of employees working in a single enterprise.

The Commission found that the proposed agreement was made in good faith and contained all the minimum entitlements required by the Act. It also determined that the agreement was a single interest enterprise agreement as it was appropriate for the particular circumstances of the Malanda Community Kindergarten. The Commission noted that the agreement provided for a fair and reasonable outcome for the employees and did not undermine the rights and entitlements of the employees. Therefore, the Commission approved the Malanda Community Kindergarten Enterprise Agreement 2021.

The Fair Work Commission approved the Malanda Community Kindergarten Enterprise Agreement 2021, finding it to be appropriate for the particular circumstances of the enterprise. The Commission emphasised the importance of good faith bargaining and the need for enterprise agreements to meet the minimum entitlements prescribed by the Act. This decision provides guidance for other small enterprises seeking to negotiate and approve enterprise agreements that meet the legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established