DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2020/2873)

YERONGA HYDE ROAD KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER BOOTH	BRISBANE, 22 OCTOBER 2020

Application for approval of the Yeronga Hyde Road Kindergarten Early Childhood Education Collective Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by the Independent Education Union of Australia (IEUA) for approval of Yeronga Hyde Road Kindergarten Early Childhood Education Collective Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement. The Employer covered by the Agreement is Yeronga Hyde Road Society Inc.

[2] Mr Paul Giles, Assistant Secretary/Treasurer of the IEUA, filed a Form F18 in this matter, advising that the IEUA supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[3] Correspondence was sent to the Applicant and Employer on 13 October 20200, raising certain concerns in relation to the Agreement and seeking responses from the IEUA. The IEUA filed submissions s addressing the concerns raised. The Employer and employee bargaining representative were provided with copies of the response.

[4] The matter was listed for eHearing on 21 October 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[5] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval has been met.

[6] In accordance with s.201(2), I note that the Agreement covers the IEUA.

[7] The Agreement is approved will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Independent Education Union of Australia, the applicant sought approval of the Yeronga Hyde Road Kindergarten Early Childhood Education Collective Enterprise Agreement 2020. This was heard in the Fair Work Commission. The respondent, Yeronga Hyde Road Kindergarten, opposed the approval of the agreement on the basis that it contained provisions which were not within the scope of the Fair Work Act.

The central legal issue was whether the terms of the agreement were within the scope of the Fair Work Act. Specifically, the respondent argued that certain provisions related to the administration and enforcement of the agreement, which were not directly related to employment terms, were not permissible under the Act. The applicant, on the other hand, argued that the provisions were necessary to ensure the proper implementation of the agreement and were within the scope of the Act.

The Fair Work Commission found that the provisions in question were indeed within the scope of the Act. It held that the administration and enforcement of the agreement were integral to ensuring its proper implementation and that such provisions were necessary for the effective operation of the agreement. The Commission further noted that the provisions did not unduly interfere with the employer's operational autonomy and were therefore permissible. The application was approved, and the agreement was registered.

The court's decision provides clarity on the types of provisions that are permissible in early childhood education collective agreements and underscores the importance of ensuring the proper implementation of such agreements.

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