DECISION

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

Pine Rivers Kindergarten Association
(AG2015/5051)

PINE RIVERS KINDERGARTEN EARLY CHILDHOOD ENTERPRISE AGREEMENT 2015

Children's services
COMMISSIONER BOOTH	BRISBANE, 6 OCTOBER 2015

Application for approval of the Pine Rivers Kindergarten Early Childhood Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Pine Rivers Kindergarten Early Childhood Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pine Rivers Kindergarten Association.

[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 13 October 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Pine Rivers Kindergarten Early Childhood Enterprise Agreement 2015. The applicant, Pine Rivers Kindergarten Association, sought approval of the agreement which had been negotiated with the Australian Education Union. The nature of the dispute was the validity and appropriateness of the terms and conditions set out in the agreement, specifically in light of compliance with relevant industrial and employment laws.

The legal issues before the Commission involved whether the agreement was genuinely bargained, whether it contained all the mandated minimum entitlements, and whether it complied with the procedural requirements for enterprise agreements. Furthermore, the Commission needed to consider whether the agreement met the ‘better off overall test’ which assesses whether employees are not worse off financially by being under the new agreement than they would be under the applicable award.

The Commission found that the agreement had been genuinely negotiated and contained all the mandated minimum entitlements. The procedural requirements for enterprise agreements were also satisfied. The Commission concluded that the agreement met the better off overall test, as it provided for improvements in wages and conditions for the employees. Given these findings, the Commission approved the agreement, emphasising the importance of such agreements in providing fair and reasonable terms for both employers and employees in the early childhood education sector.

The Fair Work Commission approved the Pine Rivers Kindergarten Early Childhood Enterprise Agreement 2015, recognising its compliance with the relevant laws and its benefits for the employees. This decision underscores the Commission's role in facilitating fair and balanced agreements that meet the needs of both parties in the workplace.

Pine Rivers Kindergarten Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established