Wavell Heights Kindergarten Association Inc. Summary

[2022] FWCA 3688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wavell Heights Kindergarten Association Inc.

(AG2022/4166)

Wavell Heights Kindergarten Association Inc Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 21 OCTOBER 2022

Application for approval of the Wavell Heights Kindergarten Association Inc Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Wavell Heights Kindergarten Association Inc Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Wavell Heights Kindergarten Association Inc (Employer). The Agreement is a single enterprise agreement.

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.

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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date it was actually made, being 4 October 2022.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 18 October 2022. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, the Wavell Heights Kindergarten Association Inc., sought approval for their Enterprise Agreement 2022, which was being submitted for consideration by the Fair Work Commission. This agreement outlines the terms and conditions of employment for the kindergarten's staff. The dispute primarily revolved around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009, including compliance with the provisions for a fair and efficient workplace.

The legal issues before the court included whether the Enterprise Agreement complied with the mandatory provisions set out in the Fair Work Act, and if the agreement was made in good faith and without coercion. Additionally, the court had to determine if the agreement provided for a fair and efficient workplace and if it included appropriate mechanisms for resolving workplace disputes.

The court examined the Enterprise Agreement clause by clause, ensuring that it adhered to the mandatory minimum standards prescribed by the Fair Work Act. It was found that the agreement included provisions that met the legislative requirements, including those concerning minimum wages, penalties, and conditions of employment. The court also assessed the process by which the agreement was made, confirming that it was done in good faith and without any form of coercion. As a result, the court was satisfied that the agreement was fair and efficient and met all the necessary criteria for approval.

The Fair Work Commission approved the Wavell Heights Kindergarten Association Inc. Enterprise Agreement 2022, noting its compliance with the Fair Work Act and the fair and efficient workplace standards. The approval was granted on the condition that the association adheres to the terms and conditions outlined in the agreement.

Wavell Heights Kindergarten Association Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established