DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/3968)

CARRAMAR COMMUNITY PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 3 FEBRUARY 2021

Application for approval of the Carramar Community Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Carramar Community Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Independent Education Union of Australia (IEU). The Agreement is a single enterprise agreement.

[2] On behalf of Carramar Community Preschool & Kindergarten Association Incorporated, Mr Craig McPherson (President, Committee of Management) has provided written undertakings dated 12 January 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Teachers) Award 2020, and the Children’s Services Award 2010 respectively), 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 of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The IEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2021. 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 applied for the approval of the Carramar Community Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2020. The respondent, Carramar Community Preschool & Kindergarten, did not oppose the application. The dispute centred on the terms and conditions of employment for the early childhood educators and support staff at the preschool. The Commission was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement appropriately balanced the interests of the employees and the employer, complied with the minimum entitlements set out in the Act, and was made in good faith. Given the absence of opposition from the respondent, the Commission proceeded on the basis that the agreement's provisions were fair and reasonable. The Commission considered the agreement's provisions in light of the relevant legislative framework and took into account the union's and employer's submissions.

After reviewing the agreement, the Commission found it to be fair and reasonable, meeting all the criteria for approval under the Fair Work Act. The Commission noted that the agreement provided for a fair and equitable outcome for both parties and did not undermine the minimum entitlements of the employees. The Commission was satisfied that the agreement was made in good faith and was in the best interests of the employees and the employer. Accordingly, the Commission approved the Carramar Community Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2020.

The Commission's decision was made on the basis that the agreement was fair and reasonable and met the criteria for approval under the Fair Work Act. The Commission approved the agreement, and it will now apply to the employees and the employer. The decision is final and binding, and the agreement will remain in effect until it is superseded by a new agreement or until it is terminated in accordance with the Act.

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