DECISION

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

Manly Community Kindergarten Inc T/A Manly Community Kindergarten Association Inc
(AG2014/10173)

MANLY COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

Application for approval of the Manly Community Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Manly Community Kindergarten Early Childhood Education Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia.

[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 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Manly Community Kindergarten Inc T/A Manly Community Kindergarten Association Inc, sought approval of the Manly Community Kindergarten Early Childhood Education Enterprise Agreement 2014 from the Fair Work Commission. The application was made under section 231 of the Fair Work Act 2009, with the respondent being the Australian Education Union NSW. The nature of the dispute centred around the terms and conditions outlined in the proposed agreement and whether these met the legislative standards for early childhood education and care.

The legal issues before the court encompassed whether the proposed agreement adhered to the statutory requirements for early childhood education and care, and whether it met the threshold for being an appropriate and fair agreement under the Fair Work Act. Specifically, the court needed to determine if the agreement appropriately balanced the interests of both the employer and the employees, and if it provided for the minimum entitlements as stipulated by the relevant award.

In delivering its decision, the commission carefully considered the provisions of the Fair Work Act and the relevant award. It examined whether the agreement provided for minimum wage rates, penalty rates, leave entitlements, and other conditions of employment in line with the statutory requirements. The commission also assessed whether the agreement contained provisions that were not less favourable than the applicable award or registered agreement. After thorough analysis, the commission approved the agreement, finding that it met the necessary criteria and provided for the employees in a fair and appropriate manner.

No further orders were required as the approval of the agreement was the primary outcome sought. The decision underscored the commission's role in ensuring that enterprise agreements in the early childhood education sector comply with legislative standards and adequately protect the interests of both employers and employees.

Manly Community Kindergarten Inc T/A Manly Community Kindergarten 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