Pine Rivers Kindergarten Association

[2024] FWCA 3451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Pine Rivers Kindergarten Association

(AG2024/3002)

PINE RIVERS KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER DURHAM	BRISBANE, 2 OCTOBER 2024

Application for approval of the Pine Rivers Kindergarten Early Childhood Education Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Pine Rivers Kindergarten Early Childhood Education Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pine Rivers Kindergarten Association (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

I note the undertakings were provided in relation to the following:

casual conversion
rates of pay – teachers
rates of pay – educators
part time – hours of work
overtime
casual cumulative rates

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement
The Agreement does not contain a delegates’ rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Educational Services (Teachers) Award 2020 is taken to be a term of the Agreement.

I observe that the following provision are likely to be inconsistent with the National Employment Standards (NES):

casual conversion
annual leave
emergency and natural disaster leave
notice of termination

However, noting clause 1.2.2 of the Agreement and the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia - Queensland and Northern Territory Branch (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Pine Rivers Kindergarten Association sought approval for the Pine Rivers Kindergarten Early Childhood Education Enterprise Agreement 2024. The association, representing the employer, applied to the Commission to have the agreement certified as a new or replacement agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions set forth in the proposed agreement, which aimed to govern the employment of early childhood education workers in the Pine Rivers region.

The Commission was required to determine whether the agreement met the statutory criteria for approval, including whether it complied with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The key issues involved whether the agreement provided for minimum terms and conditions, protected employees from unfair dismissal, and included provisions for the resolution of workplace disputes. Additionally, the Commission needed to consider whether the agreement was negotiated in good faith and was likely to promote harmonious, productive, and cooperative workplace relationships.

The Commission found that the agreement met the necessary criteria for approval. It provided for minimum terms and conditions, including fair pay and conditions for employees, and included provisions for the resolution of workplace disputes. The agreement was also negotiated in good faith and was likely to promote harmonious, productive, and cooperative workplace relationships. As such, the Commission certified the Pine Rivers Kindergarten Early Childhood Education Enterprise Agreement 2024 as a new agreement. The decision underscored the importance of ensuring that workplace agreements are fair and promote positive workplace relations. The Commission's approval of the agreement will provide certainty and stability for employees and employers in the early childhood education sector in the Pine Rivers region.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established