DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Samford Community Kindergarten Inc T/A Samford Community Kindergarten
(AG2016/6067)

SAMFORD COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2016

Application for approval of the Samford Community Kindergarten Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Samford Community Kindergarten Early Childhood Education Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Samford Community Kindergarten Inc T/A Samford Community Kindergarten. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 of the Act, will operate from 30 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Samford Community Kindergarten Inc trading as Samford Community Kindergarten, applied for the approval of the Samford Community Kindergarten Early Childhood Education Enterprise Agreement 2016. The dispute was heard in the Queensland Industrial Relations Commission. The primary legal issue the Commission had to decide was whether the terms of the proposed agreement complied with the relevant legislative provisions, specifically the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The Commission assessed the agreement against the criteria set out in the legislation, which requires that the agreement be in good faith, free from coercion and contain minimum terms and conditions of employment. The Commission considered the nature of the bargaining process, the fairness of the terms, and whether they met the minimum standards required by law. The applicants provided evidence to demonstrate that the agreement was negotiated in good faith and met all legal requirements.

After examining the evidence and arguments presented, the Commission determined that the agreement was fair and met the legislative criteria. The terms of the agreement were considered reasonable and provided for minimum conditions of employment as required by law. The Commission approved the agreement, finding it to be compliant with the relevant statutes. As a result, the agreement was registered and became legally binding on the parties involved.

Samford Community Kindergarten Inc T/A Samford Community Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established