DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Thomas’s Riverview Kindergarten Inc.
(AG2019/5026)

ST THOMAS’S RIVERVIEW KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Children’s services
COMMISSIONER WILSON	MELBOURNE, 31 JANUARY 2020

Application for approval of the St Thomas’s Riverview Kindergarten Early Childhood Education Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the St Thomas’s Riverview Kindergarten Early Childhood Education Collective Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Thomas’s Riverview Kindergarten Inc.. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 Agreement lodged with the Fair Work Commission contained typographical errors in Clauses 2.4.4, 5.1.3 and 4.1.3(a)(iii). On 15 January 2020, the Applicant filed amended Agreement pages pursuant to s.586 of the Act correcting the typographical errors by renumbered Clause 2.4.5 to Clause 2.4.4, correcting Clause 5.1.3 to reference Clause 1.5.10 and correcting Clause 4.1.3 (a)(iii) to remove the reference to Clause 4.1.2(d). I am satisfied that the correction to the Clauses should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of St Thomas’s Riverview Kindergarten Inc., the Fair Work Commission was presented with an application for the approval of the St Thomas’s Riverview Kindergarten Early Childhood Education Collective Enterprise Agreement 2019. The application was brought forth by the employer, St Thomas’s Riverview Kindergarten Inc., and involved the assessment of the proposed agreement under the Fair Work Act 2009. The primary focus of the dispute was to ensure that the agreement met the statutory requirements for approval, including compliance with the provisions concerning the determination of minimum rates of remuneration and conditions of employment for the early childhood education sector.

The central legal issues before the court involved determining whether the proposed agreement met the statutory criteria for approval, particularly in relation to the provisions regarding minimum remuneration and conditions. This included assessing whether the proposed rates of pay and conditions were consistent with the Fair Work Act and whether they provided for a safety net of minimum entitlements. Additionally, the court needed to consider whether the agreement appropriately addressed the needs of both the employees and the employer within the regulatory framework.

The Fair Work Commission, in its reasoning, closely examined the provisions of the proposed agreement against the statutory benchmarks set out in the Fair Work Act. The court noted that the proposed agreement provided for a comprehensive set of minimum entitlements that aligned with the legislative requirements. The analysis included a detailed review of the remuneration rates and conditions, which were found to be in line with the mandated safety net. The Commission concluded that the proposed agreement was fair and balanced, meeting all the necessary criteria for approval under the Act. Consequently, the application for approval was successful, and the agreement was endorsed.

In its final orders, the Fair Work Commission approved the St Thomas’s Riverview Kindergarten Early Childhood Education Collective Enterprise Agreement 2019. The decision underscored the importance of ensuring that the agreement provided for adequate minimum entitlements while also being fair to both the employer and the employees. This outcome provided clarity and certainty regarding the terms of employment within the early childhood education sector, allowing the agreement to come into effect as approved.

St Thomas’s Riverview Kindergarten Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established