DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monto Kindergarten Association Inc. T/A Monto Kindergarten
(AG2017/5871)

MONTO KINDERGARTEN ASSOCIATION EARLY CHILDHOOD ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 MARCH 2018

Application for approval of the Monto Kindergarten Association Early Childhood Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Monto Kindergarten Association Early Childhood Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monto Kindergarten Association Inc. T/A Monto Kindergarten. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Monto Kindergarten Association Inc. T/A Monto Kindergarten filed an application before the Fair Work Commission for the approval of the Monto Kindergarten Association Early Childhood Enterprise Agreement 2017. The application was heard by Commissioner J. B. Holmes who found that the application complied with the necessary requirements under the Fair Work Act 2009. The legal issues before the court were whether the application was made in accordance with the provisions of the Act and whether the agreement met the criteria for being a “better off overall” agreement. The Commissioner found that the application was indeed made in accordance with the relevant provisions and that the agreement did meet the “better off overall” criteria. The Commissioner noted that the agreement provided for a modest increase in wages and conditions for the employees, which was fair and reasonable given the financial position of the employer.

The Commissioner considered the financial position of the employer and found that the agreement was not likely to place an undue burden on the employer. The Commissioner also noted that the agreement provided for a process to review the agreement in the future if necessary. The Commissioner was satisfied that the agreement was a genuine attempt to resolve the issues between the parties and that it provided for a fair and reasonable outcome for both parties. The Commissioner approved the agreement and made an order that the agreement be approved as a registered agreement under the Fair Work Act 2009.

Monto Kindergarten Association Inc. T/A Monto Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established