DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/4480)

STUART STREET KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Children’s services
DEPUTY PRESIDENT CROSS	SYDNEY, 4 MAY 2021

Application for approval of the Stuart Street Kindergarten Early Childhood Education Collective Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Stuart Street Kindergarten Early Childhood Education Collective Enterprise Agreement 2020 (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 Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 seven days after the date of this Approval. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia sought approval of the Stuart Street Kindergarten Early Childhood Education Collective Enterprise Agreement 2020. The dispute centred around the terms and conditions of employment for kindergarten employees under the proposed agreement, with the union arguing for certain enhancements to better align with industry standards and employee needs.

The central legal issues addressed by the Commission involved whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to minimum entitlements, procedural fairness, and the process through which the agreement was formed. The Commission had to scrutinise whether the union's process for negotiating and finalising the agreement was fair and reasonable, and whether the terms of the agreement provided adequate protections and benefits for the employees.

The Fair Work Commission found that the agreement was procedurally sound and in compliance with the statutory requirements. The Commission noted that the union had engaged in good faith negotiations and provided adequate information to the employees, ensuring their understanding and participation in the process. The terms of the agreement were deemed to provide fair and reasonable benefits and protections, aligning with the relevant industry standards and addressing the union's objectives. Consequently, the Commission approved the agreement, recognising its fairness and compliance with the legislative framework.

The final order was that the Stuart Street Kindergarten Early Childhood Education Collective Enterprise Agreement 2020 be approved as meeting the necessary criteria under the Fair Work Act 2009, effective from the date of the Commission's decision. This approval ensures that the terms of the agreement are legally binding and enforceable for the relevant employees.

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