DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Pine Community Kindergarten and Preschool Assoc. Inc. T/A South Pine Community Kindergarten
(AG2015/7002)

SOUTH PINE COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 19 JANUARY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the South Pine 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 South Pine Community Kindergarten and Preschool Assoc. Inc. T/A South Pine 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Independent Education Union 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 was approved on 19 January 2016 and, in accordance with s.54, will operate from 26 January 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the South Pine Community Kindergarten and Preschool Association Inc., trading as the South Pine Community Kindergarten, the applicant sought approval of the South Pine Community Kindergarten Early Childhood Education Enterprise Agreement 2015. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the terms and conditions set out in the proposed agreement were consistent with the provisions of the Fair Work Act. Specifically, the Commission had to ensure that the agreement met the requirements for good faith bargaining and did not contain any terms that would be contrary to public policy or that would undermine the rights of employees or employers. The applicant argued that the agreement was the result of genuine and good faith negotiations between the employer and the employees, and that it contained terms and conditions that were fair and reasonable.

The Commission examined the evidence and submissions provided by both parties and found that the agreement was indeed the product of good faith bargaining. The terms and conditions were found to be fair and reasonable, and did not contain any provisions that would be contrary to public policy or undermine the rights of either party. The Commission concluded that the agreement met the criteria for approval and granted the applicant's request for approval of the South Pine Community Kindergarten Early Childhood Education Enterprise Agreement 2015.

The Commission's decision was final and binding, and the agreement was approved as a registered agreement under the Fair Work Act. This meant that the terms and conditions set out in the agreement would apply to the employees of the South Pine Community Kindergarten, and would be enforceable in accordance with the provisions of the Act. The decision provided certainty and clarity to both the employer and the employees, and ensured that the agreement was fair and reasonable for all parties involved.

South Pine Community Kindergarten and Preschool Assoc. Inc. T/A South Pine 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