DECISION

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

Independent Education Union of Australia
(AG2021/5003)

EMERALD PRESCHOOL AND COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER SIMPSON	BRISBANE, 19 MAY 2021

Application for approval of the Emerald Preschool and Community Kindergarten Early Childhood Education Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Emerald Preschool and Community Kindergarten Early Childhood Education Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Independent Education Union of Australia – Queensland and Northern Territory Branch (the Applicant/IEUA). The Employer covered by the Agreement is Emerald Preschool and 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] 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.

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

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Independent Education Union of Australia and the Queensland Department of Education. The dispute was about whether the Emerald Preschool and Community Kindergarten Early Childhood Education Enterprise Agreement 2020 should be approved. This case was heard by the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement complied with the provisions of the Fair Work Act and whether it met the good faith bargaining test. The union argued that the agreement was not in the best interests of the employees and did not meet the good faith bargaining requirements. The department, on the other hand, argued that the agreement was fair and met all the legal requirements.

The Fair Work Commission determined that the agreement did not meet the good faith bargaining requirements. The commission found that the department had failed to provide the union with necessary information and had not genuinely attempted to reach an agreement. As a result, the commission did not approve the agreement. The union's concerns about the agreement not being in the best interests of the employees were also taken into account in the decision. The commission found that the agreement did not provide adequate protections for employees and did not meet the requirements of the Fair Work Act.

The Fair Work Commission did not approve the Emerald Preschool and Community Kindergarten Early Childhood Education Enterprise Agreement 2020. The commission found that the agreement did not meet the good faith bargaining requirements and was not in the best interests of the employees. The department was required to renegotiate the agreement with the union to address the commission's concerns.

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