DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tannum Sands Kindergarten T/A Tannum Sands Kindergarten Association
(AG2019/4340)

TANNUM SANDS KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER YILMAZ	MELBOURNE, 5 FEBRUARY 2020

Application for approval of the Tannum Sands Kindergarten Early Childhood Education Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tannum Sands Kindergarten Early Childhood Education Enterprise Agreement 2019. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tannum Sands Kindergarten T/A Tannum Sands Kindergarten Association. 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 12 February 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tannum Sands Kindergarten T/A Tannum Sands Kindergarten Association brought an application before the Fair Work Commission for approval of the Tannum Sands Kindergarten Early Childhood Education Enterprise Agreement 2019. The application was made under section 232 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement which outlines the terms and conditions of employment for staff members at the kindergarten. The respondents to the application were the employees of the kindergarten, who were represented by the Early Childhood Education Enterprise Bargaining Association.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for provisional approval under the Fair Work Act. This involved assessing if the agreement provided for minimum rates of pay and conditions that were not less favourable than the relevant national employment standards and modern awards. The Commission also had to determine if the agreement was in the public interest and if it facilitated the efficient operation of the enterprise.

In delivering its decision, the Commission found that the proposed agreement was consistent with the relevant national employment standards and modern awards. The Commission noted that the agreement provided for appropriate minimum rates of pay and conditions of employment, including provisions for leave, penalty rates, and maximum weekly hours. Furthermore, the Commission was satisfied that the agreement facilitated the efficient operation of the kindergarten and was in the public interest, as it contributed to the stability and productivity of the workplace. Consequently, the Commission approved the agreement under section 232 of the Fair Work Act.

The Fair Work Commission approved the Tannum Sands Kindergarten Early Childhood Education Enterprise Agreement 2019, effective from the date of the decision. This approval ensures that the terms and conditions of employment for staff members at the kindergarten are governed by the provisions of the agreement, providing a framework for fair and consistent workplace practices.

Tannum Sands Kindergarten T/A Tannum Sands Kindergarten Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established