DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/3879)

INNISFAIL COMMUNITY PRESCHOOL AND KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2021

Children's services
DEPUTY PRESIDENT CROSS	SYDNEY, 7 JANUARY 2021

Application for approval of the Innisfail Community Preschool and Kindergarten Early Childhood Education Collective Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Innisfail Community Preschool and Kindergarten Early Childhood Education Collective Enterprise Agreement 2021 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, sought approval of the Innisfail Community Preschool and Kindergarten Early Childhood Education Collective Enterprise Agreement 2021. The applicant's role in the proceedings was to argue that the agreement met the necessary criteria for approval under the relevant legislation. The opposing party was not explicitly named in the text but was involved in opposing the application on unspecified grounds.

The primary legal issue before the court was whether the proposed agreement complied with the legislative requirements for approval of an enterprise agreement. This involved assessing whether the agreement had been fairly negotiated, included appropriate consultation processes, and met the other statutory criteria. The court was tasked with reviewing the evidence presented to determine if the agreement fulfilled these conditions.

The court examined the evidence presented regarding the negotiation and consultation processes involved in the creation of the agreement. It considered whether the agreement had been fairly negotiated and whether there had been adequate consultation. The court found that the evidence demonstrated that the agreement had been fairly negotiated and that there had been appropriate consultation processes. Based on this, the court concluded that the agreement met the statutory criteria for approval.

As a result, the court approved the Innisfail Community Preschool and Kindergarten Early Childhood Education Collective Enterprise Agreement 2021. The applicant's application was therefore successful, and the agreement was approved as per the terms outlined in the legislation.

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