DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mt Gravatt Community Kindergarten Inc
(AG2020/2702)

MT GRAVATT COMMUNITY KINDERGARTEN INC. EARLY CHILDHOOD ENTERPRISE AGREEMENT 2020

Children’s services
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 OCTOBER 2020

Application for approval of the Mt Gravatt Community Kindergarten Inc. Early Childhood Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mt Gravatt Community Kindergarten Inc. Early Childhood Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mt Gravatt Community Kindergarten Inc. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 Independent Education Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Mt Gravatt Community Kindergarten Inc, the applicants sought approval of their 2020 Early Childhood Enterprise Agreement from the Fair Work Commission. The dispute arose from negotiations between the kindergarten and its employees, leading to the proposed agreement which the parties now seek to have formally recognised and approved. The matter was heard in the Fair Work Commission, which has jurisdiction over such agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This involved examining whether the agreement contained all the mandatory terms specified in the Act, whether it had been fairly negotiated, and whether it adhered to the provisions regarding bargaining in good faith. The Commission had to assess the fairness and appropriateness of the terms proposed in the context of the employment relationship between the kindergarten and its employees.

The Commission found that the agreement was appropriately negotiated in good faith and contained all the required mandatory terms. The proposed terms were considered fair and reasonable, taking into account the specific circumstances of the early childhood education sector. The Commission was satisfied that the agreement was beneficial to both parties and met all legislative requirements for approval. Consequently, the Commission approved the Mt Gravatt Community Kindergarten Inc Early Childhood Enterprise Agreement 2020.

The Fair Work Commission approved the Early Childhood Enterprise Agreement 2020 for Mt Gravatt Community Kindergarten Inc, finding it to be fairly negotiated and compliant with the statutory requirements. This decision provides clarity for both the kindergarten and its employees regarding the terms of their employment going forward.

Mt Gravatt Community Kindergarten Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established