The Creche and Kindergarten Association Limited T/A C & K Summary

[2023] FWCA 136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Creche and Kindergarten Association Limited T/A C & K

(AG2022/5305)

C&K EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2022

Educational services
COMMISSIONER SIMPSON	BRISBANE, 16 JANUARY 2023

Application for approval of the C&K Early Childhood Education Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the C&K 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 The Creche and Kindergarten Association Limited T/A C & K (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and 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 that the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Creche and Kindergarten Association Limited, trading as C&K, for the approval of the C&K Early Childhood Education Enterprise Agreement 2022. The dispute was adjudicated in the Fair Work Commission, which has jurisdiction over the approval and enforcement of enterprise agreements under the Fair Work Act 2009. The association sought to have the agreement, which outlines the terms and conditions of employment for its staff, formally approved by the Commission. This approval is necessary to ensure that the agreement meets the legal requirements for protecting employee rights and facilitating collective bargaining.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements for enterprise agreements and whether it provided for the fair and equitable treatment of employees. This included assessing whether the agreement was made in good faith, whether it was free from any improper influence or coercion, and whether it contained terms that were reasonable and necessary for the efficient conduct of the employer's business. Additionally, the Commission had to determine if the agreement adequately addressed the interests of both parties and provided for fair dispute resolution mechanisms.

In reaching its decision, the Commission considered the evidence provided by the association and the responses from other stakeholders. The Commission found that the agreement was made in good faith and was free from any improper influence or coercion. It also concluded that the terms of the agreement were reasonable and necessary for the efficient conduct of the employer's business. The Commission noted that the agreement provided for fair and equitable treatment of employees, including provisions for reasonable working hours, adequate remuneration, and appropriate leave entitlements. Furthermore, the agreement contained provisions for dispute resolution that were considered fair and effective. Based on these findings, the Commission approved the C&K Early Childhood Education Enterprise Agreement 2022.

The Creche and Kindergarten Association Limited T/A C & K

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established