DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Staverton Kindergarten Association Inc
(AG2018/3493)

STAVERTON KINDERGARTEN EARLY CHILDHOOD ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER BISSETT	MELBOURNE, 18 FEBRUARY 2019

Application for approval of the Staverton Kindergarten Early Childhood Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Staverton Kindergarten Early Childhood 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 Staverton Kindergarten Association 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[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 25 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Staverton Kindergarten Association Inc for the approval of the Staverton Kindergarten Early Childhood Enterprise Agreement 2018. The applicant sought to establish the terms and conditions of employment for employees engaged by the association under the agreement. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and the provisions of the agreement itself.

The primary legal issues addressed by the Commission included whether the applicant had appropriately consulted with the employees, whether the agreement provided for minimum entitlements as required by the Act, and whether the agreement contained provisions that were contrary to the public interest. The Commission also examined whether the agreement was made in good faith and whether it had been properly certified as a simple, single interest, and low risk agreement.

In reaching its decision, the Commission noted that the applicant had conducted a consultation process in accordance with the requirements of the Act. The Commission was satisfied that the agreement provided for minimum entitlements and did not contain provisions that were contrary to the public interest. The Commission further found that the agreement had been made in good faith and was appropriately certified. Based on these findings, the Commission approved the agreement, recognising that it would operate as a registered agreement from the date of the decision.

The Fair Work Commission approved the Staverton Kindergarten Early Childhood Enterprise Agreement 2018, effective from the date of the decision. The approval was based on the findings that the applicant had met the procedural requirements, the agreement provided for the minimum entitlements, and it was made in good faith. The decision ensures that the terms and conditions of employment for the employees of Staverton Kindergarten Association Inc are governed by the approved agreement.

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