DECISION

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

Independent Education Union of Australia
(AG2020/2561)

YORKEYS KNOB COMMUNITY KINDERGARTEN AND PRESCHOOL EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER HUNT	BRISBANE, 15 SEPTEMBER 2020

Application for approval of the Yorkeys Knob Community Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2020.

[1] The Independent Education Union of Australia (IEU) has applied for approval of an enterprise agreement known as the Yorkeys Knob Community Kindergarten and Preschool 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). The Agreement is a single-enterprise agreement.

[2] Mr Paul Giles, Assistant Secretary/Treasurer of the IEU, filed a Form F18 statutory declaration stating the IEU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[3] 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.

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers the IEU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 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 case involves an application for the approval of the Yorkeys Knob Community Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2020. The applicants, the Independent Education Union of Australia, sought to have the agreement approved by the Fair Work Commission. The agreement was made between the union and the employer, Yorkeys Knob Community Kindergarten and Preschool, which operates a kindergarten and preschool in Queensland. The nature of the dispute was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues the court was required to decide included whether the agreement provided for the employees' pay and conditions, and whether it met the requirements for good faith bargaining as outlined in the Fair Work Act. The court also had to determine if the agreement provided for a fair and reasonable outcome for both parties, and if it was consistent with the overarching principles of the Fair Work Act. Additionally, the court examined whether the agreement was in line with relevant industrial awards and whether it addressed the specific needs of the early childhood education sector.

In its reasoning, the court examined the contents of the agreement, including the terms and conditions of employment, the pay rates, and the dispute resolution mechanisms. The court found that the agreement provided for fair and reasonable outcomes for both the employees and the employer, and that it was consistent with the principles of the Fair Work Act. The court also determined that the agreement was in line with relevant industrial awards and that it addressed the specific needs of the early childhood education sector. Based on these findings, the court approved the agreement.

The final orders of the court were that the Yorkeys Knob Community Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2020 be approved and registered under the Fair Work Act. The agreement will now serve as the basis for the terms and conditions of employment for the employees of the kindergarten and preschool.

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