DECISION

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

Sherwood Community Kindergarten Inc
(AG2020/533)

SHERWOOD COMMUNITY KINDERGARTEN INC. EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER BOOTH	BRISBANE, 9 APRIL 2020

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

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Sherwood Community Kindergarten Inc (the Applicant) for approval of Sherwood Community Kindergarten Inc. Early Childhood Education Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 24 March 2020, raising concerns in relation to the Agreement.

[3] The Applicant filed submissions addressing the concerns raised, on 31 March 2020.

[4] On the material provided to the Commission, including the submissions of 31 March 2020, 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.

[5] The Independent Education Union of Australia-Queensland and Northern Territory Branch (the IEUA) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing 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 IEUA.

[6] The Agreement is approved and, in accordance with clause 1.3.1 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Sherwood Community Kindergarten Inc, which sought approval for its 2019 Early Childhood Education Enterprise Agreement. The application was brought before the Fair Work Commission, tasked with ensuring the agreement met the necessary legal standards under the Fair Work Act 2009. The primary dispute centred around the fairness and compliance of the proposed agreement with the legislative framework governing such agreements in the early childhood education sector. The legal issues the court had to address included whether the agreement was genuinely negotiated, if it complied with the minimum terms and conditions as stipulated by the Act, and if it met the procedural requirements for approval. The Commission examined the negotiation process, the contents of the agreement, and the compliance with the statutory provisions to determine if the agreement was fit for approval. The Fair Work Commission found that the agreement had been genuinely negotiated and complied with the necessary statutory requirements. The Commission noted that the negotiation process was thorough and involved all relevant parties, meeting the procedural fairness standards. Additionally, the contents of the agreement were deemed to meet the minimum terms and conditions set by the Act, ensuring that it did not undermine the protections afforded to employees in the early childhood education sector. The Commission concluded that the agreement was fair and appropriate for approval, taking into account the specific needs and circumstances of the kindergarten. The Commission granted the application for approval, and the Sherwood Community Kindergarten Inc's Early Childhood Education Enterprise Agreement 2019 was approved in accordance with the Fair Work Act 2009.

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