Springwood Community Kindergarten Association Inc

[2024] FWCA 1682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Springwood Community Kindergarten Association Inc

(AG2024/812)

SPRINGWOOD COMMUNITY KINDERGARTEN EARLY CHILDHOOD COLLECTIVE EDUCATION ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER DURHAM	BRISBANE, 7 MAY 2024

Application for approval of the Springwood Community Kindergarten Early Childhood Collective Education Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Springwood Community Kindergarten Early Childhood Collective Education Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Springwood Community Kindergarten Association Inc (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

On 26 April 2024, the Applicant filed an amended version of the agreement as the agreement lodged contained a typographical at the title page. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Independent Education Union of Australia Queensland And Northern Territory Branch (IEUA) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEUA.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Springwood Community Kindergarten Association Inc sought approval of a proposed enterprise agreement with its employees, who were represented by the Early Childhood Collective. The application was heard by the Fair Work Commission. The key legal issue was whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for appropriate processes for resolving disputes and ensuring the health and safety of employees.

The Commission examined the provisions of the proposed agreement to assess compliance with the Fair Work Act. It considered whether the agreement included provisions for resolving disputes between the employer and employees, as well as mechanisms for ensuring the health and safety of employees. The Commission also evaluated the process by which the agreement was negotiated and the level of employee engagement in the bargaining process. Ultimately, the Commission found that the proposed agreement met the statutory requirements and provided adequate processes for resolving disputes and ensuring health and safety.

Following its assessment, the Commission approved the Springwood Community Kindergarten Early Childhood Collective Education Enterprise Agreement 2023, finding it compliant with the Fair Work Act. The agreement was deemed to provide appropriate protections and processes for employees, and the Commission was satisfied with the negotiation process. The approval of the agreement allows it to be registered and enforced, providing a framework for the employment relationship between the Springwood Community Kindergarten Association Inc and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established