DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stones Corner Community Kindergarten
(AG2020/1405)

STONES CORNER COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2020

Children’s services
COMMISSIONER SIMPSON	BRISBANE, 30 JUNE 2020

Application for approval of the Stones Corner Community Kindergarten Early Childhood Education Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Stones Corner Community Kindergarten Early Childhood Education Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stones Corner Community Kindergarten (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Independent Education Union (IEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the IEU wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stones Corner Community Kindergarten sought approval for its 2020 Enterprise Agreement from the Fair Work Commission. The matter was contested by the Kindergarten, which argued that the agreement should be approved as it complied with all relevant legislative requirements. The Australian Education Union opposed the application, contending that the agreement did not meet the necessary standards for early childhood education. The Fair Work Commission was tasked with determining whether the agreement should be certified as a new, modern award.

The central issue before the Commission was whether the proposed agreement adequately satisfied the legal criteria for a modern award under the Fair Work Act. This involved assessing the agreement's compliance with legislative standards, including provisions for minimum wages and conditions, and whether it met the objectives of facilitating effective industrial relations. The Commission also had to consider the impact of the agreement on the bargaining power of the parties involved, and whether it provided a fair and reasonable outcome for all stakeholders.

In reaching its decision, the Commission examined the provisions of the proposed agreement in detail, considering the balance between the needs of the Kindergarten and the rights of the employees. The Commission noted that the agreement included provisions for fair and reasonable wages, as well as provisions for consultation and dispute resolution. The Commission also considered the impact of the agreement on the bargaining process, and whether it facilitated effective industrial relations. Ultimately, the Commission was satisfied that the agreement met the necessary standards for a modern award, and approved the application for certification.

The Fair Work Commission approved the application for the Stones Corner Community Kindergarten Early Childhood Education Enterprise Agreement 2020 to be certified as a modern award. This decision provides a framework for the industrial relations between the Kindergarten and its employees, ensuring that both parties' rights and obligations are protected under the agreement.

Stones Corner Community Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established