Tannum Sands Kindergarten Summary

[2022] FWCA 1104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Tannum Sands Kindergarten

(AG2022/757)

Tannum Sands Kindergarten Early Childhood Education Enterprise Agreement 2022

Educational services
COMMISSIONER SPENCER	BRISBANE, 29 MARCH 2022

Application for the approval of Tannum Sands Kindergarten Early Childhood Education Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Tannum Sands Kindergarten Early Childhood Education Enterprise Agreement 2022 (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 (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 5 April 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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CaseChat Overview and Summary

Tannum Sands Kindergarten brought an application before the Fair Work Commission for approval of a proposed enterprise agreement. The agreement was to govern the employment conditions of the kindergarten's employees. The dispute centred on whether the proposed terms met the requirements of Australian labour law and whether they provided for a fair and efficient workplace. The Fair Work Commission was tasked with determining these issues.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements of the Fair Work Act and whether it met the "better-off-overall" test, ensuring that the employees were not worse off financially under the new agreement. The Commission also had to consider if the agreement was made in good faith and whether it contained terms that were reasonable in all the circumstances.

The Commission found that the agreement satisfied the formal requirements of the Act and was made in good faith. It also concluded that the proposed agreement was better-off-overall for the employees, as it provided them with additional benefits without reducing their existing entitlements. The Commission noted that the agreement addressed various aspects of employment, including wages, leave provisions, and working conditions, in a manner that was fair and balanced.

The Commission approved the Tannum Sands Kindergarten Early Childhood Education Enterprise Agreement 2022. This approval ensures that the new terms and conditions of employment will be legally binding on the parties from the date of the Commission's decision.

Tannum Sands Kindergarten

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established