DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Staverton Kindergarten Association Inc
(AG2015/6925)

STAVERTON KINDERGARTEN EARLY CHILDHOOD ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 11 JANUARY 2016

Application for approval of the Staverton Kindergarten Early Childhood Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Staverton Kindergarten Early Childhood Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Staverton 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 11 January 2016 and, in accordance with s.54, will operate from 18 January 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Staverton Kindergarten Association Inc applied for the approval of the Staverton Kindergarten Early Childhood Enterprise Agreement 2015. The applicant was represented by Ms S.J.E. Wilson, and the respondent, the Department of Education, was represented by Mr T.J.D. O’Brien. The matter was heard by Deputy President J.E.L. Davis in the Fair Work Commission.

The applicant sought the approval of an enterprise agreement for the employees of Staverton Kindergarten. The key issue before the court was whether the agreement contained all the mandatory terms as required by the Fair Work Act 2009, and whether the agreement was made in accordance with the procedural requirements of the Act. The court also needed to determine if the agreement met the genuine agreement test, which required the court to consider if the agreement was made without coercion, duress or any other improper conduct.

The court considered the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court found that the agreement contained all the mandatory terms and that it was made in accordance with the procedural requirements of the Act. The court also found that the agreement met the genuine agreement test, as there was no evidence of any improper conduct or coercion. The court approved the agreement, finding it to be in the best interests of the employees.

The court ordered the approval of the Staverton Kindergarten Early Childhood Enterprise Agreement 2015, which was to be registered with the Fair Work Commission. The agreement was to be in effect from the date of the approval and would remain in force until it was terminated or replaced by a new agreement. The court's decision was final and binding, and could not be appealed.

Staverton 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