My Kindy Shortland Preschool Pty Ltd

[2013] FWCA 8074

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

My Kindy Shortland Preschool Pty Ltd
(AG2013/2946)

MY KINDY SHORTLAND PRESCHOOL PTY. LTD. ENTERPRISE AGREEMENT 2013-2017

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 15 OCTOBER 2013

Application for approval of the My Kindy Shortland Preschool Pty. Ltd. Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the My Kindy Shortland Preschool Pty. Ltd. Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by My Kindy Shortland Preschool Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which concerns a number of clauses in the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2013. The nominal expiry date of the Agreement is 15 October 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

My Kindy Shortland Preschool Pty Ltd was the subject of an application for the approval of its Enterprise Agreement 2013-2017, which was brought before the Fair Work Commission. The applicant, My Kindy Shortland Preschool Pty Ltd, sought the Commission's approval of the proposed agreement which sought to set out the terms and conditions of employment for its employees. The legal issues before the Commission revolved around whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it satisfied the requirements for being a ‘registerable’ agreement.

The Fair Work Commission considered the terms and conditions outlined in the proposed agreement and evaluated them against the statutory framework provided by the Fair Work Act 2009. The Commission assessed whether the agreement met the criteria for being a ‘registerable’ agreement, which includes provisions regarding minimum rates of pay, maximum weekly hours of work, and other employment terms. The Commission also examined if the agreement contained provisions that complied with the Fair Work Act's requirements for a 'single, integrated agreement' and whether the agreement provided for the resolution of disputes. Ultimately, the Commission found that the proposed agreement met all the necessary requirements and was in compliance with the Fair Work Act 2009. Consequently, the Commission approved the agreement, allowing it to be registered with the Fair Work Ombudsman.

In its decision, the Fair Work Commission approved the My Kindy Shortland Preschool Pty Ltd Enterprise Agreement 2013-2017, finding it to be compliant with the Fair Work Act 2009. The Commission confirmed that the agreement met all the statutory requirements and was a 'registerable' agreement, as it contained provisions for minimum rates of pay, maximum weekly hours of work, and dispute resolution mechanisms. The Commission's approval of the agreement means that it is now registered and in effect, governing the terms and conditions of employment for the employees of My Kindy Shortland Preschool Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established