Application for approval of the Mermaid Waters Community Kindergarten Early Childhood Education Collective Enterprise Agreement

[1] An application has been made for approval of an enterprise agreement known as the Mermaid Waters Community Kindergarten Early Childhood Education Collective Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia (the Applicant/IEU). The Agreement covers employees of the Mermaid Waters Community Kindergarten (the Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] I note the undertakings were provided in relation to the following:

• The Employer will not require an employee to work shiftwork.

• Employees responsible for the preparation, implementation and/or evaluation of a developmental program for an individual child or group of children will be entitled to a minimum of two hours non-contact time per week.

• Employees will be entitled to a 10 hour rest period between completion of work on one day and the commencement of work on the next day.

• Use of clause 7.2.2(c) and the adjustment of working hours.

• Minimum engagement periods in accordance with clause 7.3.1.

[4] 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.

[5] The Agreement does not contain a delegates' rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Educational Services (Teachers) Award 2020, the Children's Services Award 2010 and the Clerks - Private Sector Award 2020 are taken to be a term of the Agreement.

[6] The Agreement, as originally lodged, contained a typographical error with respect to the entitlement of clerical/administrative employees to overtime. The parties confirmed that the Agreement contained a typographical error and requested that I exercise my power under s.218A of the Act to remedy this defect. In accordance with s.218A of the Act, I exercised my power to vary the Agreement to correct the obvious error.

[7] The IEU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

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