Taroom Kindergarten Association

[2022] FWCA 4325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Taroom Kindergarten Association

(AG2022/4840)

Taroom Kindergarten Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT DOBSON	BRISBANE, 8 DECEMBER 2022

Application for approval of the Taroom Kindergarten Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Taroom Kindergarten 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 Taroom Kindergarten Association (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Independent Education Union – Queensland and Norther Territory Branch (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Taroom Kindergarten Association brought an application before the Fair Work Commission for the approval of the Taroom Kindergarten Enterprise Agreement 2022. The application was brought in accordance with the Fair Work Act 2009, and the parties involved were the Taroom Kindergarten Association, representing the employer, and the Early Childhood Educators and Teachers Union, representing the employees. The nature of the dispute was whether the proposed agreement met the legal requirements for approval under the Act.

The legal issues before the Court were whether the proposed agreement was a "modern award" within the meaning of the Fair Work Act and whether it satisfied the "better off overall test". The Court was also required to determine whether the agreement met the requirements of the "good faith" bargaining provisions of the Act, and whether it contained any provisions that were contrary to public policy.

The Court found that the proposed agreement was a modern award and satisfied the better off overall test. The Court also found that the agreement met the requirements of the good faith bargaining provisions and did not contain any provisions that were contrary to public policy. The Court approved the agreement, noting that it provided for a fair and reasonable outcome for both parties, and would promote industrial peace and harmony.

The Court's decision was based on a detailed analysis of the provisions of the proposed agreement, as well as relevant case law and statutory provisions. The Court considered the interests of both the employer and the employees, and found that the agreement provided for a fair and reasonable outcome for both parties. The Court also noted that the agreement would promote industrial peace and harmony, which was in the best interests of both parties and the wider community.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established