DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/2402)

BROADBEACH KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Children’s services
COMMISSIONER SIMPSON	BRISBANE, 3 SEPTEMBER 2020

Application for approval of the Broadbeach Kindergarten Early Childhood Education Collective Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Broadbeach Kindergarten 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 the Independent Education Union of Australia (IEU). The Agreement is a single enterprise agreement.

[2] The IEU lodged a Form F18 statutory declaration supporting approval of the Agreement and has given notice under s.183 of the Act that the it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

[3] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia (IUEA) applied for the approval of the Broadbeach Kindergarten Early Childhood Education Collective Enterprise Agreement 2020 (the Agreement). The application was heard in the Fair Work Commission. The IUEA sought approval of the Agreement, which was negotiated between the union and the employer, Broadbeach Kindergarten. The application was contested by the employer, which raised concerns about the agreement's compliance with the Fair Work Act 2009 and the appropriateness of certain provisions.

The legal issues before the Commission were whether the Agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. The Commission considered whether the Agreement met the formal requirements for approval, such as being in writing, signed by the employer and the union, and whether it contained the prescribed minimum terms and conditions. The Commission also assessed whether the Agreement was fair and reasonable, taking into account the nature of the workplace and the bargaining positions of the parties.

The Commission found that the Agreement was in writing, signed by the parties, and contained the prescribed minimum terms and conditions. The Commission considered the nature of the workplace and the bargaining positions of the parties, and concluded that the Agreement was fair and reasonable. The Commission approved the Agreement, noting that it provided for appropriate terms and conditions for the employees, including provisions for remuneration, leave, and other benefits. The Commission also noted that the Agreement contained a dispute resolution procedure, which was an important feature for ensuring that any disputes that may arise are resolved in a fair and timely manner.

The Commission approved the Broadbeach Kindergarten Early Childhood Education Collective Enterprise Agreement 2020. The employer and the union are bound by the terms of the Agreement, which sets out the minimum terms and conditions of employment for the employees covered by the Agreement. The approval of the Agreement ensures that the employees have a fair and reasonable set of terms and conditions, and provides a framework for resolving any disputes that may arise in the future.

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