DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sherwood Community Kindergarten Inc
(AG2016/1223)

SHERWOOD COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 24 JUNE 2016

Application for approval of the Sherwood Community Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sherwood Community Kindergarten Early Childhood Education Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sherwood Community Kindergarten Inc. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 1 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sherwood Community Kindergarten Inc applied for approval of an enterprise agreement for its employees, pursuant to section 226 of the Fair Work Act 2009. The application was made to the Fair Work Commission. The dispute centred on whether the agreement met the "better off overall test" and whether it complied with the "independent assessment" requirement under the Fair Work Act. The court had to decide if the agreement provided employees with a fair and reasonable outcome compared to their previous conditions and if the agreement had been subject to an independent assessment.

The court found that the agreement met the better off overall test, as it provided employees with benefits such as increased wages and improved conditions. The independent assessment was also deemed adequate, as it was conducted by a qualified person who provided a report that supported the approval of the agreement. The court was satisfied that the agreement was fair and reasonable for the employees and met the requirements of the Fair Work Act.

Consequently, the Fair Work Commission approved the application for the agreement's approval. The court determined that the agreement was fair and reasonable for the employees and met the statutory requirements. The agreement was subsequently approved, and the employees were bound by its terms and conditions.

No additional orders were made beyond the approval of the enterprise agreement. The Fair Work Commission's decision was final and binding, and the agreement came into effect as per its terms.

Sherwood 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