DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Samford Community Kindergarten Inc
(AG2019/5162)

SAMFORD COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2019

Children’s services
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JANUARY 2020

Application for approval of the Samford Community Kindergarten Early Childhood Education Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Samford Community Kindergarten Early Childhood Education Enterprise Agreement 2019 (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. 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 29 January 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Samford Community Kindergarten Inc was the subject of an application for approval of an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission by the Queensland Office of Industrial Relations on behalf of the Kindergarten. The nature of the dispute was the approval of the Samford Community Kindergarten Early Childhood Education Enterprise Agreement 2019.

The legal issues before the Court were whether the agreement met the criteria for approval under the Fair Work Act and whether the bargaining process was conducted in good faith and the agreement was not adversely affected by any contravention of the Act. The Court also had to consider whether the agreement met the Better Off Overall Test.

The Court found that the bargaining process was conducted in good faith, and there was no contravention of the Act. The Court also found that the agreement met the Better Off Overall Test. The Court approved the agreement, noting that it provided for reasonable terms and conditions for the employees, including provisions for wages, leave, and other benefits. The Court found that the agreement was not adversely affected by any contravention of the Act and that it met the requirements for approval under the Fair Work Act.

The Court approved the Samford Community Kindergarten Early Childhood Education Enterprise Agreement 2019, and it became legally binding on the parties from the date of the Commission's decision. The agreement will remain in force until it is terminated or replaced by a new agreement.

Samford Community Kindergarten Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established