Tamborine Mountain Community Kindergarten Assoc Inc. Summary

[2018] FWCA 7544

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Tamborine Mountain Community Kindergarten Assoc Inc.

(AG2018/3624)

Tamborine Mountain Community Kindergarten Early Childhood Education Enterprise Agreement 2018

Educational services
Commissioner Harper-Greenwell	MELBOURNE, 12 DECEMBER 2018

Application for approval of the Tamborine Mountain Community Kindergarten Early Childhood Education Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Tamborine Mountain Community Kindergarten Early Childhood Education 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 Tamborine Mountain Community Kindergarten Assoc Inc. The Agreement is a single enterprise agreement.

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.

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. 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.

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.

The Agreement was approved on 12 December 2018 and, in accordance with s.54, will operate from 19 December 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Tamborine Mountain Community Kindergarten Association Incorporated sought approval for the 2018 Early Childhood Education Enterprise Agreement. The application was brought before the Fair Work Commission. The central issue was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for being a simple, low-risk, and non-controversial enterprise agreement.

The court examined the proposed agreement, focusing on its simplicity and the absence of any contentious or complex provisions. It considered whether the agreement was straightforward enough to be approved without further negotiation or consultation. The court also assessed if the agreement adhered to the legal standards for enterprise agreements, particularly those outlined in the Fair Work Act. The association argued that the agreement was indeed simple and posed no significant risks. The court found that the agreement met the necessary criteria, concluding that it was straightforward and did not contain any complex or contentious elements.

Based on the assessment, the Fair Work Commission approved the 2018 Early Childhood Education Enterprise Agreement. The decision was made on the basis that the agreement was simple, non-controversial, and compliant with the legal requirements under the Fair Work Act. The approval effectively allowed the association to implement the agreement for its employees.

Tamborine Mountain Community Kindergarten Assoc Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established