DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/4577)

KARALEE COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 29 APRIL 2021

Application for approval of the Karalee Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Karalee Community 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 6 May 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 case before the Fair Work Commission involved the Independent Education Union of Australia, which sought approval for the Karalee Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2020. The dispute centred on the application's compliance with the relevant provisions of the Fair Work Act 2009. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issues before the court were whether the agreement contained all the required terms and whether it was consistent with the Fair Work Act 2009. The Commission had to examine the agreement's content to ensure it was fair and reasonable, particularly in light of the specific provisions governing early childhood education. Additionally, the court considered whether the agreement complied with the procedural requirements outlined in the Act.

The Fair Work Commission found that the agreement was consistent with the Fair Work Act 2009 and contained all the necessary terms. The Commission highlighted that the agreement addressed key issues such as wages, working conditions, and other employment terms in a manner that was fair and reasonable. Furthermore, the Commission confirmed that the application process adhered to the procedural requirements of the Act. Based on these findings, the Commission approved the agreement.

In light of the Commission's approval, it ordered that the Karalee Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2020 be approved and registered. The decision underscored the importance of ensuring that early childhood education agreements meet the necessary standards of fairness and reasonableness, while also complying with the procedural requirements of the Fair Work Act 2009.

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