DECISION

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

Mount Gravatt Kindergarten & Preschool Association Inc
(AG2014/10276)

MT GRAVATT KINDERGARTEN & PRESCHOOL ASSOCIATION INC EARLY CHILDHOOD ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

Application for approval of the Mt Gravatt Kindergarten & Preschool Association Inc Early Childhood Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Mt Gravatt Kindergarten & Preschool Association Inc Early Childhood Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mount Gravatt Kindergarten & Preschool Association Inc.

[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 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Mount Gravatt Kindergarten & Preschool Association Inc, the Fair Work Commission was tasked with approving an Early Childhood Enterprise Agreement between the Association and its employees. The Association sought to implement the 2014 agreement, which had been negotiated with the assistance of the Australian Education Union Queensland. The application was contested by the Queensland Teachers’ Union, which argued that the proposed agreement did not adequately reflect the role and responsibilities of educators in early childhood settings.

The central legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was genuinely bargained, whether it contained terms that were fair and reasonable, and if it complied with the applicable minimum standards for early childhood educators. The Commission also considered whether the proposed agreement provided for appropriate consultation and dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the application was valid and that the proposed agreement was genuinely bargained. The Commission determined that the agreement contained terms that were fair and reasonable, and that it complied with the minimum standards for early childhood educators. The Commission was satisfied that the agreement provided for appropriate consultation and dispute resolution mechanisms, and that it did not disadvantage any employee in a way that was contrary to public policy. As such, the Commission approved the Mt Gravatt Kindergarten & Preschool Association Inc Early Childhood Enterprise Agreement 2014.

The Commission's approval of the agreement means that the terms and conditions set out in the agreement will now apply to the Association's employees, providing them with a legally binding framework for their employment. The Queensland Teachers’ Union's objections were dismissed, and the agreement will come into effect on the date of the Commission's decision.

Mount Gravatt Kindergarten & Preschool 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