DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mt Gravatt Kindergarten and Preschool Association Inc
(AG2018/1341)

MT GRAVATT KINDERGARTEN & PRESCHOOL ASSOCIATION INC. EARLY CHILDHOOLD ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER GREGORY	MELBOURNE, 20 JULY 2018

Application for approval of the Mt Gravatt Kindergarten & Preschool Association Inc. Early Childhood Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mt Gravatt Kindergarten & Preschool Association Inc. Early Childhood Enterprise Agreement 2018 (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 Kindergarten and Preschool Association 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.

[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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mt Gravatt Kindergarten and Preschool Association Inc., sought approval of the Early Childhood Enterprise Agreement 2018 from the Fair Work Commission. The nature of the dispute centred on whether the proposed agreement met the necessary criteria under the Fair Work Act 2009, specifically the requirement for the agreement to be "certified as a registered agreement" and for the applicant to demonstrate that the agreement had been fairly negotiated and contained essential terms that were no less favourable than those provided by the relevant award or safety net award. The case was heard in the Fair Work Commission, an independent statutory body established under the Fair Work Act 2009 to hear and determine workplace disputes and applications for approval of enterprise agreements.

The legal issues before the Commission involved verifying that the agreement was indeed the product of genuine negotiation and that it included all the required provisions. The applicant had to demonstrate that the agreement had been fairly negotiated and that it contained all the mandated minimum terms and conditions. Furthermore, the Commission had to ensure that the agreement did not disadvantage employees and that it provided a safety net for the workers, thereby avoiding any less favourable treatment than the relevant award or safety net award. The Commission also had to consider whether the agreement was consistent with the principles of the Fair Work Act, including fairness, flexibility, and efficiency.

The Fair Work Commission meticulously examined the evidence presented by the applicant regarding the negotiation process and the content of the agreement. The Commission assessed whether the agreement met all the statutory requirements and provided adequate protection and benefits to the employees. After careful consideration, the Commission found that the agreement was genuinely negotiated and contained all the essential terms. The Commission determined that the agreement was fair and met the safety net requirements, concluding that it did not provide less favourable terms and conditions than those provided by the relevant award. Consequently, the Fair Work Commission approved the Mt Gravatt Kindergarten and Preschool Association Inc. Early Childhood Enterprise Agreement 2018.

The Commission's decision to approve the agreement was based on the applicant's demonstration of a fair negotiation process and the inclusion of all required provisions. The Commission's final order was to certify the agreement as a registered agreement, thereby allowing it to come into effect. This decision ensured that the employees of Mt Gravatt Kindergarten and Preschool Association Inc. were protected under a certified agreement that met all legal standards.

Mt Gravatt Kindergarten and 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