Wondai Kindergarten Association Inc Summary

[2014] FWCA 4927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wondai Kindergarten Association Inc
(AG2014/1517)

WONDAI COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER WILSON	MELBOURNE, 24 JULY 2014

Application for approval of the Wondai Community Kindergarten Early Childhood Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wondai Community Kindergarten Early Childhood Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Wondai Kindergarten Association Inc. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision and marked Annexure A, which has been provided by the Applicant. The undertaking is attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Independent Education Union of Australia (the Union), being bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover the Union. In accordance with s.201(2), I note that the Agreement covers the Union.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Wondai Kindergarten Association Inc applied for approval of the Wondai Community Kindergarten Early Childhood Enterprise Agreement 2013. The applicant is an employer association and the respondent is a union representing the employees. The dispute concerns the approval of an enterprise agreement that regulates the terms and conditions of employment of early childhood educators within the Wondai Community Kindergarten.

The central legal issue before the Commission was whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the "better off overall test" and whether it contained all the mandatory terms prescribed by the Act or regulations. The Commission also needed to consider if the agreement was made in good faith and whether the necessary procedural requirements were followed.

The Commission found that the agreement satisfied all the statutory requirements. The Commission was satisfied that the agreement was made in good faith, met the better off overall test, and contained all the mandatory terms. The procedural fairness was upheld as the parties had engaged in genuine bargaining, and the agreement was supported by the majority of the employees. Consequently, the Commission approved the agreement, finding it to be fair and appropriate for the employees it covered.

The final orders of the Commission were that the Wondai Community Kindergarten Early Childhood Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the early childhood educators at the Wondai Community Kindergarten.

Wondai 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