DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Burpengary Kindergarten Association
(AG2015/3804)

BURPENGARY KINDERGARTEN EARLY CHILDHOOD ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 21 JULY 2015

Application for approval of the Burpengary Kindergarten Early Childhood Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Burpengary Kindergarten Early Childhood Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Burpengary Kindergarten Association.

[2] On the basis of the material before me, 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 28 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Burpengary Kindergarten Association, an early childhood education provider, applied for approval of the Burpengary Kindergarten Early Childhood Enterprise Agreement 2015. The application was made to the Fair Work Commission, which was exercising its powers under the Fair Work Act 2009. The association sought to have the agreement registered as a single-employer agreement that would apply to its employees, who were predominantly educators and support staff.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it was a genuine enterprise agreement, provided for a fair and efficient bargaining process, and contained the necessary minimum terms and conditions. The association argued that the agreement had been fairly negotiated and provided for a reasonable balance of rights and obligations. The Commission needed to assess the validity of these claims.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission was satisfied that the agreement was a genuine enterprise agreement, had been negotiated in good faith, and contained the necessary minimum terms and conditions. The Commission also noted that the agreement provided for a fair and efficient bargaining process. Therefore, the Commission approved the agreement and ordered that it be registered as a single-employer agreement. This decision provided certainty and stability for the association and its employees, ensuring that the agreement would be legally enforceable.

The Burpengary 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