DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/433)

CANTEBURY COMMUNITY CHILD CARE CENTRE INC. EMPLOYEE ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 29 APRIL 2020

Application for approval of the Canterbury Community Child Care Centre Inc. Employee Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Canterbury Community Child Care Centre Inc. Employee Enterprise Agreement 2020 (‘the Agreement’). The application was made by Independent Education Union of Australia (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Independent Education Union of Australia (‘the IEU’), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the IEU.

[4] The United Workers Union (‘the UWU’), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the UWU.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Independent Education Union of Australia as the applicant, seeking approval of the Employee Enterprise Agreement (EEA) 2020 for the Canterbury Community Child Care Centre Inc. The Federal Circuit and Family Court of Australia was tasked with determining the application. The central legal issue revolved around whether the EEA complied with the requirements of the Fair Work Act 2009. Specifically, the court had to assess if the agreement met the criteria for "registration" under the act, including whether it had been fairly negotiated and if it adhered to the relevant industrial instruments.

The court meticulously examined the negotiation process and the terms of the EEA. It considered whether the agreement had been negotiated in good faith and if it complied with the procedural requirements set forth in the Fair Work Act. The court also evaluated the substantive provisions of the EEA, ensuring that it did not undermine the minimum rights and entitlements provided under the National Employment Standards and other relevant industrial instruments. After thorough analysis, the court found that the EEA was fairly negotiated and complied with all statutory requirements. It was satisfied that the agreement was consistent with the principles of the act and did not disadvantage employees.

Consequently, the court approved the Employee Enterprise Agreement 2020 for the Canterbury Community Child Care Centre Inc. The final orders confirmed the registration of the EEA, allowing it to be implemented as a binding agreement between the union and the employer. This decision underscored the importance of ensuring that enterprise agreements adhere to the legislative framework designed to protect the rights of employees and maintain industrial harmony.

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