DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Taroom Kindergarten Association Incorporated
(AG2018/5350)

TAROOM KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 28 MARCH 2019

Application for approval of the Taroom Kindergarten Early Childhood Education Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Taroom 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) by Taroom Kindergarten Association Incorporated.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[3] 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.

[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 of the Act, will operate from 4 April 2019. 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 matter before the court involved the Taroom Kindergarten Association Incorporated, which sought approval of the Taroom Kindergarten Early Childhood Education Enterprise Agreement 2018. The application was brought under the Fair Work Act 2009, and the dispute arose from a disagreement over certain terms and conditions of employment outlined in the proposed agreement.

The primary legal issues for the court to decide were whether the agreement met the requirements of the Fair Work Act and whether it was fair and reasonable in accordance with the principles set out in the Act. Specifically, the court needed to determine if the agreement provided appropriate protections and benefits to the employees and if it was consistent with the broader objectives of the Act, which include facilitating cooperative and productive workplace relations.

The court conducted a thorough examination of the proposed agreement, considering the views and submissions of both parties involved. It assessed whether the agreement met the threshold criteria for approval, such as ensuring that the employees had been genuinely consulted and that the agreement was free from any unfair content. The court also considered the balance of rights and obligations in the agreement and whether it provided adequate protections and benefits to the employees. Ultimately, the court found that the agreement met the necessary requirements and was fair and reasonable, leading to its approval.

The final orders of the court were that the Taroom Kindergarten Early Childhood Education Enterprise Agreement 2018 be approved and registered under the Fair Work Act. The agreement was to come into effect from the date of the court's approval and would govern the employment terms and conditions for the relevant employees.

Taroom Kindergarten Association Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established