DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Springwood Community Kindergarten Association Inc
(AG2018/4639)

SPRINGWOOD COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER LEE	MELBOURNE, 19 DECEMBER 2018

Application for approval of the Springwood Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Springwood Community Kindergarten Early Childhood Education Collective 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 Springwood Community Kindergarten Association 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 26 December 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Springwood Community Kindergarten Association Inc sought approval of the Springwood Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The application was brought before the Fair Work Commission to determine whether the agreement should be approved as a registered agreement under the Fair Work Act 2009. The central legal issues were whether the agreement met the requirements for approval under the Fair Work Act, including whether it was in the interests of employees, and whether it complied with procedural requirements.

The Fair Work Commission found that the agreement was in the interests of the employees as it provided for appropriate pay and conditions, and it was not contrary to the public interest. The Commission also found that the agreement was procedurally sound, having been negotiated in good faith and with adequate consultation. The Commission concluded that the agreement met all the criteria for approval and should be registered as a registered agreement.

The Fair Work Commission approved the Springwood Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018, registering it as a registered agreement under the Fair Work Act. The decision provides guidance on the criteria for approval of enterprise agreements and the considerations that the Commission takes into account when deciding whether to approve an agreement.

Springwood Community Kindergarten Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established