DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wynnum Manly Community Kindergarten Association Incorporated
(AG2015/6867)

EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015 WYNNUM MANLY COMMUNITY KINDERGARTEN

Educational services
COMMISSIONER LEE	MELBOURNE, 5 JANUARY 2016

Application for approval of the Early Childhood Education Enterprise Agreement 2015 Wynnum Manly Community Kindergarten.

[1] An application has been made for approval of an enterprise agreement known as the Early Childhood Education Enterprise Agreement 2015 Wynnum Manly Community Kindergarten (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wynnum Manly Community Kindergarten Association Incorporated. 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Wynnum Manly Community Kindergarten Association Incorporated was the subject of an application to the Fair Work Commission for approval of the Early Childhood Education Enterprise Agreement 2015 Wynnum Manly Community Kindergarten. The application was made by the Association, which sought to have the agreement approved as a single enterprise agreement for its employees. The nature of the dispute was whether the agreement met the requirements for approval under the Fair Work Act 2009. The case was heard by the Fair Work Commission.

The legal issues the court was required to decide centred on whether the agreement met the criteria for approval as a single enterprise agreement. This included whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions of employment. The court was also required to consider whether the agreement was likely to have a detrimental effect on the financial viability of the employer.

The court found that the agreement met the criteria for approval. It found that the agreement had been made in good faith and contained the necessary minimum terms and conditions of employment. The court also found that the agreement was not likely to have a detrimental effect on the financial viability of the employer. The court approved the agreement as a single enterprise agreement, effective from the date of the decision.

The court's decision was based on a detailed analysis of the agreement and the evidence presented by the parties. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees and the employer. The court also found that the agreement was not likely to have a detrimental effect on the financial viability of the employer. The court approved the agreement, subject to certain conditions and modifications, and made orders accordingly.

Wynnum Manly Community Kindergarten Association Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established