DECISION

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

Independent Education Union of Australia
(AG2020/608)

WEST MORETON COMMUNITY KINDERGARTEN EARLY CHILHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT LAKE	BRISBANE, 27 APRIL 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Independent Education Union of Australia (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 (the IEU). It has been made on behalf of the West Moreton Community Kindergarten 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] 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.

[5] I note that Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement to the extent of the inconsistency that under the Agreement any individual flexibility arrangement may be terminated by giving no more than 13 weeks written notice to the other party to the arrangement. Per the model clause, individual flexibility arrangements are able to be terminated by giving written notice of not more than 28 days to the other party to the arrangement.

[6] The Independent Education Union of Australia, 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 the IEU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2020. 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

In the Fair Work Commission, the Independent Education Union of Australia sought approval of the West Moreton Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2020. The respondent, the West Moreton Community Kindergarten Association, opposed the approval of the agreement on several grounds, including concerns about the agreement's compliance with relevant legislation and its potential impact on the financial viability of the kindergarten. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether it was in the best interests of the employees and the employer.

The Commission considered the arguments of both parties and examined the agreement in detail. It found that the agreement was not in breach of any legislative provisions and that it contained appropriate safeguards to protect the financial interests of the kindergarten. The Commission also noted that the agreement had been negotiated in good faith and that it provided a fair and reasonable outcome for both parties. The Commission concluded that the agreement met the criteria for approval and was in the best interests of the employees and the employer.

Accordingly, the Commission approved the West Moreton Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2020. The agreement will now be registered with the Fair Work Commission and will apply to the employees of the West Moreton Community Kindergarten Association. The parties are bound by the terms of the agreement, which will govern their employment relationship for the duration of the agreement.

Independent Education Union of Australia

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established