DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/3575)

CABOOLTURE APEX KINDERGARTEN & PRE-SCHOOL SCHOOL EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Caboolture Apex Kindergarten & Pre-School School Early Childhood Education Collective Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Caboolture Apex Kindergarten & Pre-School School 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] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and 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, will operate from 18 December 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia lodged an application for the approval of the Caboolture Apex Kindergarten & Pre-School School Early Childhood Education Collective Enterprise Agreement 2020 with the Fair Work Commission. The application sought the Commission’s approval of the agreement under section 233 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for early childhood educators and support staff within the specified institution. The Commission was tasked with ensuring the agreement met the criteria for approval, which includes provisions for employee rights, benefits, and workplace standards.

The legal issues the court had to address involved whether the agreement complied with the requirements set forth in the Fair Work Act 2009. This included verifying that the agreement included minimum terms and conditions as stipulated in the Act, and that it did not include prohibited content. The court also needed to consider whether the agreement had been fairly and genuinely negotiated between the employer and the union, and whether it was in the best interests of the employees involved. Additionally, the court had to examine if the agreement adequately covered essential matters such as wages, hours of work, and other terms and conditions of employment.

In reaching its decision, the Fair Work Commission examined the contents of the agreement in detail. It determined that the agreement did indeed include the minimum terms and conditions as required by the Fair Work Act 2009. The Commission found that the agreement had been fairly and genuinely negotiated between the employer and the union. Furthermore, the court was satisfied that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment. The Commission approved the agreement, confirming that it met all necessary legal requirements and standards.

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