DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Independent Education Union of Australia
(AG2020/3108)

TOOGOOLAWAH KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 20 NOVEMBER 2020

Application for approval of the Toogoolawah Kindergarten Early Childhood Education Collective Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Toogoolawah Kindergarten Early Childhood Education Collective Enterprise Agreement 2019 (the Agreement). The application was made by Independent Education Union of Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 18 December 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 20 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Independent Education Union of Australia as the applicant, seeking approval of the Toogoolawah Kindergarten Early Childhood Education Collective Enterprise Agreement 2019. The decision was made by the Fair Work Commission, which is the relevant industrial tribunal in Australia with jurisdiction over such agreements. The primary focus of the dispute was whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues at the heart of this case revolved around the compliance of the proposed agreement with the requirements set out by the Fair Work Act. The Commission had to assess whether the agreement adequately covered the prescribed minimum terms and conditions, and if it was free from any invalid provisions that might contravene the Act. Additionally, the Commission considered whether the agreement was genuinely negotiated and whether it met the criteria for being a good faith agreement.

In rendering its decision, the Commission carefully examined the provisions of the agreement and considered submissions from both the applicant and other relevant stakeholders. It was noted that the agreement contained all the minimum terms and conditions stipulated by the Fair Work Act and did not include any invalid provisions. The Commission found that the agreement was the product of genuine negotiations and fulfilled the criteria of being a good faith agreement. Consequently, the Commission approved the agreement, affirming its compliance with the legislative framework and its suitability for implementation.

The final orders of the Commission included the approval of the Toogoolawah Kindergarten Early Childhood Education Collective Enterprise Agreement 2019, effective from the date of the decision. This approval authorised the agreement to be used as the basis for employment terms and conditions between the parties involved, ensuring that it adhered to the legal standards set by the Fair Work 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