DECISION

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

Independent Education Union of Australia
(AG2020/1632)

PROSERPINE PUBLIC KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Children's services
COMMISSIONER SIMPSON	BRISBANE, 30 JUNE 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Stones Proserpine Public 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 Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] 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

In the Fair Work Commission, the Independent Education Union of Australia applied for approval of the Proserpine Public Kindergarten Early Childhood Education Collective Enterprise Agreement 2020. The Proserpine Public Kindergarten, being the employer, opposed the application on the basis that it was not a valid agreement as it had not been made in good faith. The union submitted that the employer had not engaged in genuine bargaining and had failed to provide information to the union that was necessary to enable meaningful negotiation of the agreement.

The commission needed to determine whether the agreement had been made in good faith. The employer argued that the union had not engaged in meaningful negotiations, had failed to provide adequate information, and had not demonstrated that it had taken into account the employer’s business needs. The union submitted that it had engaged in good faith bargaining and had provided the employer with all the information necessary to enable meaningful negotiation of the agreement.

The commission held that the employer had engaged in good faith bargaining and that the agreement was valid. The commission found that the employer had provided the union with all the information necessary to enable meaningful negotiation of the agreement and that the union had taken into account the employer’s business needs. The commission further found that the employer had not acted unreasonably in refusing to agree to the union’s requests and that the union had not engaged in unreasonable conduct. The commission approved the 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