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

[2022] FWCA 1804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1283)

Wilston Grange Kindergarten & Preschool Early Childhood Enterprise Agreement 2022

Educational services
COMMISSIONER SIMPSON	BRISBANE, 2 JUNE 2022

Application for approval of the Wilston Grange Kindergarten & Preschool Early Childhood Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Wilston Grange Kindergarten & Preschool Early Childhood Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wilston Grange Kindergarten & Preschool Assoc. Inc. T/A Wilston Grange Kindergarten & Preschool (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.2.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Wilston Grange Kindergarten & Preschool Assoc. Inc. T/A Wilston Grange Kindergarten & Preschool, the Fair Work Commission was called upon to consider the application for approval of the Early Childhood Enterprise Agreement 2022. This application was made by the employer, who sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the staff of the kindergarten, including matters such as wages, working hours, and leave entitlements.

The central legal issues the Commission had to address included whether the agreement complied with the requirements of the Fair Work Act, whether it contained all the mandatory terms as prescribed by the Act, and whether it met the standards of procedural fairness. Furthermore, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and whether it appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the proposed agreement did indeed comply with the statutory requirements and contained all the necessary mandatory terms. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment. In reaching its decision, the Commission considered the evidence provided by both the employer and the employees, and took into account the nature of the early childhood education sector and the specific circumstances of the kindergarten. Consequently, the Commission approved the application for the agreement.

The final orders of the Commission included the approval of the Wilston Grange Kindergarten & Preschool Early Childhood Enterprise Agreement 2022, which now binds the employer and the employees, setting out the terms and conditions of their employment for the specified period. The agreement, having been approved by the Commission, provides a framework for the ongoing employment relationship between the parties, ensuring that it adheres to the principles of fairness and reasonableness as mandated by the Fair Work Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established