DECISION

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

Independent Education Union of Australia
(AG2020/4142)

MOURILYAN & DISTRICT KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE AGREEMENT 2020

Children's services
COMMISSIONER BOOTH	BRISBANE, 17 FEBRUARY 2021

Application for approval of the Mourilyan & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia (the Applicant) for approval of Mourilyan & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement. Mourilyan & District Kindergarten is the employer.

[2] Mr John Spriggs, Senior Industrial Officer of the Independent Education Union of Australia (the IEU), filed a Form F18 in this matter, advising that the IEU supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[3] Correspondence was sent to the Applicant on 27 January 2021, raising certain concerns in relation to the Agreement.

[4] The matter was listed for eHearing on 12 February 2021. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[5] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Clause 3.3.2(a) – Resignation by Employee

[6] However, clause 1.2.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Subject to the matters raised at paragraphs [5]-[6], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[8] In accordance with s.201(2), I note that the Agreement covers the IEU.

[9] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Independent Education Union of Australia applied for the approval of the Mourilyan & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2020. The Fair Work Commission (FWC) had previously approved the agreement but the union sought further endorsement from the court to ensure its legal compliance and adherence to relevant industrial relations statutes.

The primary legal issues before the court involved the examination of whether the agreement met all statutory requirements for approval, including whether it complied with the Fair Work Act 2009, and whether the FWC's approval process was correctly followed. Additionally, the court needed to determine whether the agreement was sufficiently fair and reasonable in terms of its provisions and implications for the employees involved.

The court found that the agreement was consistent with the legislative framework and adhered to the procedural requisites for approval. The FWC's assessment was thorough and correctly applied the relevant legal standards. The provisions of the agreement were fair and reasonable, taking into account the specific context of early childhood education and the needs of both the employees and the employer. Consequently, the court granted the application for approval, affirming the FWC's decision.

The final orders of the court included the approval of the Mourilyan & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2020, thereby allowing its implementation as per the terms agreed upon by the parties. The union's application was thus successful, ensuring that the agreement would govern the industrial relations of the employees within the specified scope.

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