DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Creche & Kindergarten Association Ltd T/A C&K
(AG2017/1244)

C&K EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 15 MAY 2017

Application for approval of the C&K Early Childhood Education Enterprise Agreement 2017.

[1] On 11 April 2017 The Creche & Kindergarten Association Ltd T/A C&K (Applicant) made an application for approval of the C&K Early Childhood Education Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Independent Education Union of Australia has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Creche & 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 2017. The application was made under section 229 of the Fair Work Act 2009. The primary dispute revolved around the terms and conditions outlined in the proposed enterprise agreement, specifically regarding the employment conditions for early childhood educators.

The legal issues before the Commission involved whether the proposed agreement was fair and reasonable in all its terms, and if it met the statutory criteria for approval. This included assessing whether the agreement provided for minimum rates of pay, reasonable weekly hours of work, and leave entitlements, while also considering the bargaining power of the parties and the overall fairness of the agreement. The Commission had to determine if the agreement adequately reflected the needs and circumstances of the workforce while ensuring it was not unduly harsh, unreasonable, or discriminatory.

In its decision, the Fair Work Commission determined that the proposed agreement was fair and reasonable in all its terms. The Commission considered the evidence presented by both parties, including submissions on the bargaining positions, the nature of the work, and the impact of the agreement on the workforce. The Commission found that the agreement provided for adequate minimum rates of pay, reasonable hours of work, and appropriate leave provisions. It concluded that the agreement was not unduly harsh, unreasonable, or discriminatory, and thus met the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the C&K Early Childhood Education Enterprise Agreement 2017, and the decision was registered with the relevant authorities. This approval ensures that the terms and conditions set out in the agreement are legally binding on the parties from the date of registration.

The Creche & Kindergarten Association Ltd 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