DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Creche and Kindergarten Association Limited
(AG2019/3489)

C&K EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2019

Children’s services
DEPUTY PRESIDENT ASBURY	BRISBANE, 22 NOVEMBER 2019

Application for approval of the C&K Early Childhood Education Enterprise Agreement 2019.

[1] The Creche and Kindergarten Association Limited (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the C&K Early Childhood Education Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers that organisation.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 29 November 2019. The nominal expiry date of the Agreement is 29 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Creche and Kindergarten Association Limited (C&K) for the approval of the C&K Early Childhood Education Enterprise Agreement 2019. The application was contested by the Australian Education Union (AEU), which raised concerns about various aspects of the proposed agreement, particularly focusing on the classification and remuneration of workers within the C&K.

The primary legal issues before the Commission included whether the proposed agreement provided for the classification and remuneration of employees in a manner that complied with the Fair Work Act 2009. This included considerations of whether the classifications were fair and reasonable, if the rates of pay were adequate, and if the agreement contained appropriate safeguards to ensure that employees were not disadvantaged.

The Commission examined the evidence provided by both parties, including submissions on the educational and care standards required by the industry, and the economic circumstances of the parties. The Commission found that the proposed agreement provided fair and reasonable classifications for employees, and that the remuneration offered was appropriate given the industry standards and economic conditions. The Commission also noted that the agreement included adequate safeguards to protect employees from potential disadvantages. As a result, the Commission approved the C&K Early Childhood Education Enterprise Agreement 2019, finding it to be in compliance with the relevant provisions of the Fair Work Act. The Commission's decision was based on a comprehensive analysis of the industry standards, economic conditions, and the protections offered within the agreement.

The Creche and Kindergarten Association Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established