Tinana Preschool and Kindergarten Association Inc.

[2021] FWCA 6599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tinana Preschool and Kindergarten Association Inc.
(AG2021/7929)

TINANA PRESCHOOL & KINDERGARTEN ASSOCIATION INC. EARLY CHILDHOOD ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER JOHNS	MELBOURNE, 8 NOVEMBER 2021

Application for approval of the Tinana Preschool & Kindergarten Association Inc. Early Childhood Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Tinana Preschool & Kindergarten Association Inc. Early Childhood Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tinana Preschool and Kindergarten Association Inc.. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Tinana Preschool and Kindergarten Association Inc. applied for approval of its Early Childhood Enterprise Agreement 2021. The application concerned the terms and conditions of employment for its staff, including wages, hours of work, leave entitlements and other benefits. The Commission was tasked with determining whether the agreement was in compliance with the relevant legislative provisions and if it met the requirements for being made a registered agreement.

The central legal issues addressed by the Commission were whether the agreement provided for a fair and equitable set of terms and conditions, was free from any coercive or unfair elements, and whether it was made in good faith. Additionally, the Commission considered whether the agreement satisfied the procedural requirements for registration, including proper consultation and negotiation processes.

The Commission examined the evidence and submissions from both the applicant and the relevant unions. It found that the agreement was negotiated in good faith and provided for fair and reasonable terms and conditions. The Commission determined that the agreement met all legislative requirements and was procedurally sound. Consequently, the Commission approved the agreement, and it was registered as a valid enterprise agreement.

The Fair Work Commission approved the Early Childhood Enterprise Agreement 2021 and ordered that it be registered. The agreement is now legally binding on the parties and will govern the employment terms and conditions of the staff of Tinana Preschool and Kindergarten Association Inc. for the duration specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established