DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stafford Heights Kindergarten Association Incorporated T/A Stafford Heights Kindergarten
(AG2016/4282)

STAFFORD HEIGHTS KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Stafford Heights Kindergarten Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stafford Heights Kindergarten Early Childhood Education Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stafford Heights Kindergarten Association Incorporated T/A Stafford Heights Kindergarten. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Stafford Heights Kindergarten Association Incorporated, trading as Stafford Heights Kindergarten, and the applicant, the Australian Education Union. The dispute centred on the approval of the Stafford Heights Kindergarten Early Childhood Education Enterprise Agreement 2016. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission had to decide included whether the agreement was appropriately certified by an independent person, whether it was free from prohibited content, and if it complied with the procedural requirements stipulated by the Act. Furthermore, the Commission had to consider whether the agreement was in the best interests of the employees and whether it provided for appropriate mechanisms for resolving disputes.

In its decision, the Commission found that the agreement was appropriately certified and free from prohibited content. The procedural requirements were also met, and the agreement was deemed to be in the best interests of the employees. The Commission highlighted the provisions for resolving disputes and the protections for employees as significant factors in its decision. The Commission concluded that the agreement complied with the necessary legislative requirements and approved the Stafford Heights Kindergarten Early Childhood Education Enterprise Agreement 2016.

The Commission issued an approval order for the agreement, effective from the date of the decision. The order stipulated that the agreement would apply to the employees of the Stafford Heights Kindergarten and would remain in force until terminated in accordance with its provisions or superseded by a new agreement. The approval marked a significant step in formalising the employment conditions for the staff at the kindergarten.

Stafford Heights Kindergarten Association Incorporated T/A Stafford Heights Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established