DECISION

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

Queensland Jewish Kindergarten Assoc Incorporated T/A Gan Gani Kindergarten
(AG2021/6538)

GAN GANI KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER SPENCER	BRISBANE, 16 AUGUST 2021

Application for approval of the Gan Gani Kindergarten Early Childhood Education Collective Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Gan Gani Kindergarten Early Childhood Education Collective Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Jewish Kindergarten Assoc Incorporated T/A Gan Gani Kindergarten (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[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 23 August 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by the Queensland Jewish Kindergarten Association Incorporated, trading as Gan Gani Kindergarten, to approve the Early Childhood Education Collective Enterprise Agreement 2021. The application was made under section 231 of the Fair Work Act 2009. The legal issues at hand involved determining whether the agreement met the necessary criteria for approval, including its compliance with the relevant laws and whether it provided for fair and reasonable terms and conditions of employment for the workers it covered.

The Commission examined the provisions of the agreement, considering whether it adhered to the legislative requirements and whether it provided for terms and conditions that were fair and reasonable. The Commission assessed the submissions made by the parties, including the evidence presented regarding the negotiation process and the nature of the agreement. In particular, the Commission looked at whether the agreement adequately addressed the needs of the employees and the kindergarten, while also ensuring that it complied with the overarching objectives of the Fair Work Act.

Upon reviewing the evidence and submissions, the Commission found that the agreement was appropriately negotiated and met the requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the specific circumstances of the kindergarten and its workforce. Consequently, the Commission approved the Early Childhood Education Collective Enterprise Agreement 2021, as it believed it met the necessary legal criteria and would serve the interests of both the employees and the employer. The Commission's decision was based on a thorough examination of the agreement and the considerations outlined in the Fair Work Act.

Queensland Jewish Kindergarten Assoc Incorporated T/A Gan Gani Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established