DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tinana Pre School & Kindergarten Association Inc.
(AG2015/6268)

TINANA PRESCHOOL & KINDERGARTEN ASSOCIATION INC. EARLY CHILDHOOD ENTERPRISE AGREEMENT 2015

Children’s services
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2015

Application for approval of the Tinana Preschool & Kindergarten Association Inc. Early Childhood Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tinana Preschool & Kindergarten Association Inc. Early Childhood 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 Tinana Pre School & Kindergarten Association Inc. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 8 December 2015 and, in accordance with s.54, will operate from 15 December 2015. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Tinana Pre School & Kindergarten Association Inc. sought approval for their Early Childhood Enterprise Agreement 2015. The application was brought by the association as the employer, and the Australian Education Union and Queensland Teachers’ Union as the employee representatives. The primary dispute centred on whether the terms of the proposed agreement were fair and reasonable, meeting the criteria set forth in the Fair Work Act 2009.

The Commission had to determine if the agreement was procedurally sound, given the process by which it was negotiated, and substantively fair, considering the terms and conditions it proposed. This involved examining the procedural fairness of the bargaining process, including whether the parties had genuinely attempted to negotiate in good faith and whether the agreement reflected the outcomes of that process. Substantively, the Commission assessed whether the agreement provided fair and reasonable terms for the employees, considering factors such as wages, working conditions, and other employment-related matters.

After a thorough review of the evidence and submissions, the Commission found that the agreement met the necessary procedural and substantive fairness criteria. The Commission concluded that the agreement was a genuine outcome of the bargaining process and that its terms were fair and reasonable. Therefore, the application for approval of the Early Childhood Enterprise Agreement 2015 was granted. The approved agreement will now apply to the employees of the Tinana Pre School & Kindergarten Association Inc., providing a framework for their employment terms and conditions.

Tinana Pre School & Kindergarten Association Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established