DECISION

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

Monto Kindergarten Association Inc. T/A Monto Kindergarten
(AG2015/6240)

MONTO KINDERGARTEN ASSOCIATION EARLY CHILDHOOD ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 22 DECEMBER 2015

Application for approval of the Monto Kindergarten Association Early Childhood Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Monto Kindergarten Association Early Childhood Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Monto Kindergarten Association Inc. T/A Monto Kindergarten.

[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 29 December 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Monto Kindergarten Association Inc., trading as Monto Kindergarten, sought approval of an enterprise agreement under the Fair Work Act 2009. The respondent, the Australian Education Union Queensland, argued the agreement should not be approved due to certain provisions not meeting the "better off overall test" as stipulated in the Act. The matter was heard in the Fair Work Commission.

The primary legal issues the court addressed were whether the provisions of the proposed agreement satisfied the requirements of the Fair Work Act 2009, particularly the "better off overall test." This test requires that, when considering all terms and conditions of employment, employees are not worse off financially or in terms of other conditions of employment as a result of the agreement. The court also considered whether any provisions in the agreement were contrary to public policy.

The Fair Work Commission found that the majority of the provisions in the agreement met the "better off overall test." However, the Commission did identify some provisions that did not meet the test and were thus not approved. The Commission noted that these provisions were not significant enough to invalidate the entire agreement. The Commission also determined that none of the provisions were contrary to public policy. As a result, the Commission approved the agreement with certain modifications to ensure compliance with the "better off overall test."

The Fair Work Commission approved the Monto Kindergarten Association Early Childhood Enterprise Agreement 2015, subject to the modifications made to address the "better off overall test" issues. The agreement now includes provisions that ensure employees are not worse off financially or in terms of other conditions of employment. The Commission also confirmed that no provisions were contrary to public policy.

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