DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Strathpine Community Kindergarten Association Inc
(AG2014/10249)

STRATHPINE COMMUNITY KINDERGARTEN EARLY CHILDHOOD ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

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

[1] An application has been made for approval of a single enterprise agreement known as the Strathpine Community Kindergarten Early Childhood Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Strathpine Community Kindergarten Association Inc.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 22 January 2015. 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 matter before the Fair Work Commission concerned the application for approval of the Strathpine Community Kindergarten Early Childhood Enterprise Agreement 2015. The applicant, the Strathpine Community Kindergarten Association Inc., sought approval for the agreement under the Fair Work Act 2009. The application was made by the Association, representing the employer, and opposed by the Australian Education Union, representing the employees.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 232 of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for a fair and reasonable method of determining the remuneration of employees, provided for terms and conditions of employment that were fair and reasonable, and complied with the process requirements set out in the Act. The opposition raised concerns about the fairness and reasonableness of certain terms of the agreement, particularly regarding the calculation of overtime and shift penalties.

The Commission considered the evidence and submissions presented by both parties. It assessed whether the agreement provided for a fair and reasonable method of determining remuneration, taking into account the nature of the work, the bargaining positions of the parties, and the economic context. The Commission also evaluated the terms and conditions of employment to ensure they were fair and reasonable, considering industry standards and practices. After careful consideration, the Commission found that the agreement met the statutory requirements for approval and granted the application.

In conclusion, the Fair Work Commission approved the Strathpine Community Kindergarten Early Childhood Enterprise Agreement 2015. The decision highlighted the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment, while also considering the specific context of the workplace. The approval of the agreement allows for the continued operation of the Strathpine Community Kindergarten under the terms outlined in the agreement.

Strathpine Community 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