DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/1918)

WEST END SCOTT STREET COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER SIMPSON	BRISBANE, 27 JULY 2020

Application for approval of the West End Scott Street Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the West End Scott Street Community 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] 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 applied to the Fair Work Commission for approval of the West End Scott Street Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2020. The application was made under section 232 of the Fair Work Act 2009. The respondent, West End Scott Street Community Kindergarten, opposed the application on the grounds that the agreement contained provisions that were not compliant with the requirements of the Fair Work Act.

The central legal issue for the Commission to determine was whether the provisions in the proposed agreement were consistent with the statutory criteria for approval under the Fair Work Act. Specifically, the Commission needed to assess if the provisions concerning the classification of employees and the associated pay rates met the requirements for good faith bargaining and did not unfairly disadvantage any party.

In delivering its decision, the Commission examined the negotiation process and the content of the agreement. It found that the agreement had been made in good faith and that the provisions met the statutory criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the principles of the Fair Work Act. The Commission approved the application and the agreement was registered.

The Fair Work Commission approved the application and registered the West End Scott Street Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2020. This decision affirmed the validity of the agreement and its provisions, subject to the terms and conditions specified in the registration.

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