DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southpine Kindergarten Assoc Inc.
(AG2019/2144)

SOUTH PINE COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2018

Children's services
COMMISSIONER JOHNS	SYDNEY, 26 AUGUST 2019

Application for approval of the South Pine Community Kindergarten Early Childhood Education Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the South Pine Community Kindergarten Early Childhood Education Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southpine Kindergarten Assoc 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 2 September 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southpine Kindergarten Association Inc. applied for approval of the South Pine Community Kindergarten Early Childhood Education Enterprise Agreement 2018. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained the necessary provisions for it to be considered a "single interest employer agreement" as defined by the Act. This required the Commission to consider the terms of the agreement and whether they met the statutory requirements. A secondary issue was whether the agreement was consistent with the principles of the National Employment Standards.

The Commission found that the agreement met the statutory requirements for a single interest employer agreement. It contained all the necessary provisions and was consistent with the principles of the National Employment Standards. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for remuneration, hours of work, and leave entitlements. The Commission was satisfied that the agreement was in the best interests of the employees and would promote harmonious, productive, and cooperative workplace relations.

The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees of Southpine Kindergarten Association Inc. The approval of the agreement will provide certainty and stability to the workplace and promote harmonious and productive workplace relations.

Southpine Kindergarten Assoc Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established