DECISION

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

Independent Education Union of Australia
(AG2021/4493)

WYNNUM MANLY COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER SIMPSON	BRISBANE, 29 APRIL 2021

Application for approval of the Wynnum Manly Community Kindergarten Early Childhood Education Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Wynnum Manly 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). It has been made by Independent Education Union of Australia (the Applicant). The Agreement is a single enterprise agreement.

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

[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 Independent Education Union of Australia applied to the Fair Work Commission for approval of the Wynnum Manly Community Kindergarten Early Childhood Education Enterprise Agreement 2020. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009, as a low paid enterprise agreement. The employer, Wynnum Manly Community Kindergarten, opposed the application, contending that the agreement was not a low paid agreement and was not otherwise appropriate for approval. The legal issues before the Commission included whether the agreement was a low paid enterprise agreement and, if not, whether it should be approved as a "better off overall test" agreement. The Commission considered the definition of a low paid enterprise agreement and the appropriate tests to determine whether an agreement should be approved. It found that the agreement did not qualify as a low paid agreement as it did not meet the relevant thresholds. However, the Commission considered that the agreement should be approved under the better off overall test as it provided a range of benefits to employees that outweighed any potential detriments. The Commission approved the agreement, noting the importance of providing fair and equitable conditions for early childhood education workers. The Commission made orders approving the agreement, with certain minor variations to address issues of clarity and consistency.

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