DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/4545)

CHELMER STATION COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER LEE	MELBOURNE, 16 APRIL 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Chelmer Station 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 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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2021. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Chelmer Station Community Kindergarten brought an application to the Fair Work Commission for approval of the Chelmer Station Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2020. The Independent Education Union of Australia opposed the application, raising objections to the agreement's provisions. The central issues before the Fair Work Commission involved the compliance of the agreement with relevant legislative requirements and the fairness and reasonableness of the proposed terms for the kindergarten employees.

The Fair Work Commission examined the provisions of the agreement, focusing on whether they met the necessary standards for enterprise agreements under the Fair Work Act 2009. The Commission considered the objections raised by the union, assessing the agreement's provisions against criteria such as procedural fairness, the protection of employees' rights, and the overall reasonableness of the terms. After thorough consideration, the Commission found that the agreement was procedurally valid and did not contravene any legislative provisions. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the kindergarten and the bargaining positions of the parties.

Consequently, the Fair Work Commission approved the Chelmer Station Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2020. The decision confirmed the validity of the agreement and its provisions, thereby resolving the application in favour of the kindergarten. The Commission's approval was based on the findings that the agreement was made in good faith and that it met all necessary legal standards for enterprise agreements.

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