DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Wilston/Grange Kindergarten & Preschool Assoc Inc T/A Wilston Grange Kindergarten & Preschool
(AG2015/7010)

WILSTON GRANGE KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 23 DECEMBER 2015

Application for variation of the Wilston Grange Kindergarten & Preschool Early Childhood Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Wilston Grange Kindergarten & Preschool Early Childhood Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act) by Wilston/Grange Kindergarten & Preschool Assoc Inc T/A Wilston Grange Kindergarten & Preschool.

[2] The variation can be found at Attachment 1 to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 23 December 2015.

[5] A consolidated version of the Agreement as varied is attached.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Wilston/Grange Kindergarten & Preschool Assoc Inc, trading as Wilston Grange Kindergarten & Preschool, made an application to the Fair Work Commission for the variation of the existing Early Childhood Enterprise Agreement 2015. The application sought to alter various provisions of the agreement, including the classification of certain positions, the rates of pay for those positions, and other employment terms and conditions. The respondent to the application was the Queensland Teachers' Union, which represented the employees of the kindergarten.

The central legal issues before the Commission involved whether the proposed changes to the Enterprise Agreement were consistent with the principles of the Fair Work Act 2009, particularly in relation to the fairness and reasonableness of the proposed terms and conditions. The Commission also had to consider the impact of the proposed changes on the employees, the financial viability of the kindergarten, and the broader principles of industrial relations law. In addition, the Commission needed to ensure that the proposed changes would not disadvantage the employees or undermine the objectives of the Fair Work Act.

After considering the submissions from both parties, the Commission found that the proposed changes to the Enterprise Agreement were fair and reasonable. The Commission noted that the changes were necessary to ensure the financial viability of the kindergarten and to meet the specific needs of the institution. The Commission also considered that the changes would not disadvantage the employees and would not undermine the broader objectives of the Fair Work Act. Consequently, the Commission approved the proposed variations to the Enterprise Agreement.

The Fair Work Commission's decision was that the Early Childhood Enterprise Agreement 2015 be varied in accordance with the terms proposed by the applicant. The Commission's decision was based on a careful consideration of the principles of fairness, reasonableness, and the broader objectives of the Fair Work Act. The Commission's decision also recognised the specific needs of the kindergarten and the importance of ensuring its financial viability. The Commission's decision is binding on both parties and will take effect from the date of the Commission's decision.

Wilston/Grange Kindergarten & Preschool Assoc Inc T/A Wilston Grange Kindergarten & Preschool

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established