DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tinana Preschool and Kindergarten Association Inc.
(AG2017/6120)

TINANA PRESCHOOL & KINDERGARTEN ASSOCIATION INC. EARLY CHILDHOOD ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 MARCH 2018

Application for approval of the Tinana Preschool & Kindergarten Association Inc. Early Childhood Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tinana Preschool & Kindergarten Association Inc. Early Childhood Enterprise Agreement 2017 (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 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tinana Preschool and Kindergarten Association Inc. sought approval of an early childhood enterprise agreement from the Fair Work Commission. The association operates several kindergartens in Queensland and employs educators, support staff, and administrators. The dispute centred on whether the proposed agreement adequately met the requirements of the Fair Work Act 2009 for fair and reasonable terms of employment, and whether it provided for proper dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement provided for appropriate wage rates and conditions, leave entitlements, and other benefits for employees. Additionally, the Commission needed to determine if the agreement provided for a fair and efficient dispute resolution process, including the establishment of a dispute resolution committee. The association argued that the agreement was fair and reasonable and provided for appropriate terms and conditions, while the employees' representative contended that the agreement did not adequately address certain issues, such as wage rates and conditions.

The Commission found that the proposed agreement met the requirements of the Fair Work Act and approved it. The Commission was satisfied that the agreement provided for fair and reasonable terms of employment, including appropriate wage rates and conditions, leave entitlements, and other benefits for employees. The Commission also found that the agreement provided for an effective dispute resolution process, including the establishment of a dispute resolution committee. The association's commitment to ongoing consultation and negotiation with employees' representatives was noted favourably by the Commission.

The Fair Work Commission approved the Tinana Preschool & Kindergarten Association Inc. Early Childhood Enterprise Agreement 2017, effective from 1 July 2017. The association and employees' representatives were directed to take all necessary steps to give effect to the approved agreement. The decision underscores the importance of fair and reasonable terms of employment and effective dispute resolution mechanisms in early childhood enterprise agreements.

Tinana Preschool and 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