DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia (130N);
The Chinchilla Community Kindergarten Inc T/A Chinchilla Community Kindergarten
(AG2021/6701)

THE CHINCHILLA COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2021

Children’s services
COMMISSIONER HUNT	BRISBANE, 15 SEPTEMBER 2021

Application for approval of The Chinchilla Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2021.

[1] The Independent Education Union of Australia (130N) (the IEU), as an employee organisation that acted as a bargaining representative, has applied for approval of an enterprise agreement known as The Chinchilla Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement. The Agreement covers The Chinchilla Community Kindergarten Inc T/A Chinchilla Community Kindergarten (the Employer).

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the IEU regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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.

[5] The IEU, 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) of the Act I note that the Agreement covers the IEU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this matter were the Independent Education Union of Australia and The Chinchilla Community Kindergarten Inc, trading as Chinchilla Community Kindergarten. The dispute centred around the application for approval of the 2021 Early Childhood Education Collective Enterprise Agreement. This application was heard in the Fair Work Commission, a specialist body under the Fair Work Act 2009. The Commission was tasked with assessing whether the agreement met the legal requirements for approval, including compliance with the provisions of the Act and relevant regulations.

The key legal issues before the Commission involved determining whether the agreement was an "enterprise agreement" as defined by the Act, and if it complied with the formal requirements for approval. Specifically, the Commission had to consider whether the agreement covered the requisite number of employees, had been fairly negotiated, and adhered to the procedural requirements for application and approval. The union argued that the agreement was valid and should be approved, while the employer contended certain aspects of the agreement did not meet the statutory criteria.

In reaching its decision, the Commission examined the nature and content of the proposed agreement. It confirmed that the agreement did indeed constitute an enterprise agreement and was negotiated in good faith. The Commission also verified that the agreement had been presented to the employees and that the requisite majority had accepted the agreement. The Commission found that all procedural requirements had been satisfied, and that the agreement was compliant with the relevant legislative provisions. Consequently, the Commission approved the application for the agreement's approval.

The Fair Work Commission ordered that the Early Childhood Education Collective Enterprise Agreement 2021 be approved as of the date of the decision. This approval ensures that the agreement will govern the employment terms and conditions of the relevant employees at the Chinchilla Community Kindergarten.

Independent Education Union of Australia (130N); The Chinchilla Community Kindergarten Inc T/A Chinchilla Community Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established