DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Ives Preschool Kindergarten Association
(AG2018/961)

ST IVES PRESCHOOL KINDERGARTEN EMPLOYEE COLLECTIVE AGREEMENT 2018

Children’s services
COMMISSIONER WILSON	MELBOURNE, 29 JUNE 2018

Application for approval of the St Ives Preschool Kindergarten Employee Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the St Ives Preschool Kindergarten Employee Collective 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 St Ives Preschool Kindergarten Association. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2018. The nominal expiry date of the Agreement is 28 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Ives Preschool Kindergarten Association was an application before the Fair Work Commission concerning the approval of an employee collective agreement. The applicant, St Ives Preschool Kindergarten Association, sought approval for the St Ives Preschool Kindergarten Employee Collective Agreement 2018, which outlined the terms and conditions of employment for its staff. The nature of the dispute was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, including provisions relating to the protection of employees' rights, the avoidance of unfair discrimination, and the promotion of harmonious, productive, and cooperative workplace relations. The Commission also had to consider whether the agreement was made in good faith and whether it provided for the proper management of the employer's business.

In its decision, the Commission examined the terms of the agreement and found that it complied with the legal requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement was made in good faith and that it promoted harmonious, productive, and cooperative workplace relations.

As a result, the Commission approved the St Ives Preschool Kindergarten Employee Collective Agreement 2018. The decision provides guidance to employers and employees in the early childhood education and care sector on the requirements for an approved employee collective agreement.

St Ives Preschool Kindergarten Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established