DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Creche and Kindergarten Association Limited T/A C&K
(AG2015/7480)

C&K EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2015

Application for approval of the C&K Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the C&K Early Childhood Education Enterprise Agreement 2015 (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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 31 December 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Creche and Kindergarten Association Limited, trading as C&K, applied to the Fair Work Commission for the approval of the C&K Early Childhood Education Enterprise Agreement 2015. The application involved several key stakeholders, including C&K as the employer, and various employee groups represented by unions such as the Shop, Distributive and Allied Employees Association and the Australian Services Union. The dispute centred around the negotiation and ratification process of the proposed agreement, with unions asserting that certain terms and conditions had not been fairly or adequately addressed during negotiations.

The primary legal issues before the court were whether the agreement was made in accordance with the requirements of the Fair Work Act 2009 and whether it met the standards for procedural fairness as mandated by the Fair Work Regulations 2009. Specifically, the court had to determine if the employer had fulfilled its obligations under the Act to bargain in good faith with the unions and if the negotiation process was conducted appropriately. Additionally, the court needed to examine the provisions of the proposed agreement to ensure they were consistent with relevant labour laws and industrial standards.

The Fair Work Commission found that the employer had generally fulfilled its obligations to bargain in good faith, although there were some procedural shortcomings in the negotiation process. The Commission noted that while the employer had made efforts to engage with the unions, there were instances where communication could have been improved. However, the Commission concluded that these shortcomings did not significantly undermine the overall fairness of the agreement. Regarding the substantive terms of the agreement, the Commission found that the proposed terms and conditions were generally in line with industry standards and did not contravene any provisions of the Fair Work Act or Regulations. Therefore, the Commission approved the C&K Early Childhood Education Enterprise Agreement 2015, subject to the specified conditions and timelines for implementation.

The final orders included the approval of the agreement, with specific directions for the employer to address certain procedural deficiencies in future negotiations and to ensure compliance with all terms and conditions of the agreement once implemented. The Commission also directed the parties to continue their cooperative efforts in maintaining a positive industrial relations environment.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established