DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/6930)

THE KENMORE PARK PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER SPENCER	BRISBANE, 7 SEPTEMBER 2021

Application for approval of the Kenmore Park Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Kenmore Park Preschool & 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). It has been made by the Independent Education Union of Australia – Queensland and Northern Territory Branch (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Independent Education Union of Australia – Queensland and Northern Territory Branch, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia, as the representative of the employees of the Kenmore Park Preschool & Kindergarten, applied to the Fair Work Commission for approval of the 2021 Early Childhood Education Collective Enterprise Agreement. The respondents, representing the employer, objected to the approval on the basis that the agreement failed to adequately address the issue of pay rates for early childhood educators. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement provided a safety net of minimum pay rates for early childhood educators and whether it included appropriate mechanisms for resolving disputes over the application of the agreement. The Commission considered whether the agreement met the statutory requirements for approval, including provisions for minimum pay rates and dispute resolution mechanisms.

The Fair Work Commission determined that the agreement did provide an adequate safety net of minimum pay rates for early childhood educators and included appropriate dispute resolution mechanisms. The Commission found that the agreement met the statutory requirements for approval and was in the best interests of the employees and the employer. The Commission approved the agreement, finding that it provided a fair and reasonable outcome for all parties involved.

The Fair Work Commission approved the Early Childhood Education Collective Enterprise Agreement 2021, finding that it met the statutory requirements for approval and provided a fair and reasonable outcome for both employees and the employer. The Commission's decision ensures that early childhood educators receive adequate pay rates and that appropriate mechanisms are in place for resolving any disputes over the agreement.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established