DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/3941)

YAMANTO COMMUNITY KINDERGARTEN COLLECTIVE AGREEMENT 2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 30 DECEMBER 2020

Application for approval of the Yamanto Community Kindergarten Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Yamanto Community Kindergarten Collective 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] 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 6 January 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Independent Education Union of Australia, the applicants sought approval of the Yamanto Community Kindergarten Collective Agreement 2020 under the Education (General Provisions) Act 2006. The respondents included the Minister for Education and the Queensland Teachers’ Union. The dispute centred around the interpretation and application of certain provisions of the Act and the Agreement itself, particularly those relating to working conditions, hours of work, and pay rates for kindergarten staff.

The court was tasked with determining whether the Agreement was consistent with the statutory framework governing industrial relations in the education sector. Key issues included whether the Agreement adequately addressed the prescribed matters outlined in the Act, and whether it complied with the requirements for approval as set out in the legislation. The court also had to consider the balance between the rights of the union, the employer, and the educational interests of the students.

The court concluded that the Agreement did not fully comply with the statutory requirements. It found several deficiencies, including inadequate provisions on certain working conditions and insufficient detail on the calculation of pay rates. The court emphasised the need for clear and comprehensive agreements that align with the legislative framework. As a result, the application for approval was dismissed, and the Agreement was not endorsed. The court's decision highlighted the importance of precision and compliance with legislative mandates in collective agreements within the education sector.

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