DECISION

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

Independent Education Union of Australia
(AG2020/1620)

CANNON HILL KINDERGARTEN AND COMMUNITY PRE SCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER SPENCER	BRISBANE, 22 JULY 2020

Application for approval of the Cannon Hill Kindergarten and Community Pre School Early Childhood Education Enterprise Agreement 2020.

[1] The Independent Education Union of Australia (the IEU) has made an application for approval of an enterprise agreement known as the Cannon Hill Kindergarten and Community Pre School Early Childhood Education Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application was made by the IEU on behalf of the Employer, Cannon Hill Kindergarten & Community Preschool Association Inc. The Agreement is a single-enterprise agreement.

[2] Mr Paul Giles, Assistant Secretary/Treasurer of the Independent Education Union of Australia – Queensland and Northern Territory Branch, 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] Subject to matters that have been addressed by way of undertakings, 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 have been met.

[4] I identified a number of matters and sought undertakings from the Applicant. These undertakings were provided to my Chambers and the IEU as the only bargaining representative to the Agreement. The IEU advised my Chambers by email that they concurred with the undertakings provided.

[5] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[6] The IEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers IEU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The Independent Education Union of Australia filed an application in the Fair Work Commission for the approval of the Cannon Hill Kindergarten and Community Pre School Early Childhood Education Enterprise Agreement 2020. The application was brought under section 231 of the Fair Work Act 2009, which requires that an agreement must be approved by the Commission before it can have legal effect. The agreement was entered into between the employer, Cannon Hill Kindergarten and Community Pre School, and the union, and it related to the terms and conditions of employment for early childhood education employees.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained the necessary minimum terms and conditions, did not discriminate on an unjustifiable basis, and did not have the effect of undermining the operation of a registered organisation. Additionally, the Commission needed to assess whether the agreement had been made in good faith and whether the union had adequately represented the employees in the agreement-making process.

The Fair Work Commission found that the agreement met all the criteria for approval. It contained the necessary minimum terms and conditions, did not include any discriminatory provisions, and did not undermine the operation of a registered organisation. The Commission also determined that the agreement had been made in good faith and that the union had adequately represented the employees. As a result, the Commission approved the agreement, finding it to be a lawful and appropriate instrument for regulating the employment relationship between the employer and the employees.

The final orders of the Commission were that the Cannon Hill Kindergarten and Community Pre School Early Childhood Education Enterprise Agreement 2020 be approved as a registered agreement under section 173 of the Fair Work Act, effective from the date of the Commission's approval. The agreement was to be registered with the Commission and would govern the employment relationship between the employer and the employees until such time as it was terminated or replaced by a new agreement.

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