DECISION

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

Independent Education Union of Australia
(AG2020/837)

EMILY FOORD MEMORIAL KINDERGARTEN ASSOCIATION INCORPORATED EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2020

Children's services
COMMISSIONER BOOTH	BRISBANE, 15 APRIL 2020

Application for approval of the Emily Foord Memorial Kindergarten Association Incorporated Early Childhood Education Enterprise Agreement 2020.

[1] An application has been made under s. 185 of the Fair Work Act 2009 (the Act) by the Independent Education Union of Australia-Queensland and Northern Territory Branch (the Applicant/IEUA) for approval of Emily Foord Memorial Kindergarten Association Incorporated Early Childhood Education Enterprise Agreement 2020 (the Agreement). The Employer covered by the Agreement is the Emily Foord Memorial Kindergarten Association Incorporated (the Employer). The Agreement is a single enterprise agreement.

[2] On the material provided to the Commission, 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.

[3] The IEUA filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the IEUA.

[4] The Agreement is approved and, in accordance with clause 1.3.1 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Independent Education Union of Australia (the Union) for the approval of the Emily Foord Memorial Kindergarten Association Incorporated Early Childhood Education Enterprise Agreement 2020 (the Agreement). The Agreement sought to establish the terms and conditions of employment for employees working at the Emily Foord Memorial Kindergarten. The dispute centred on whether the terms of the Agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues for the Commission to consider were whether the Agreement complied with the procedural requirements for approval, and whether it contained any terms that were contrary to the public interest or not genuinely agreed upon by the parties. The Union argued that the Agreement was fairly and genuinely negotiated and met all legal requirements for approval. The Commission needed to determine if the Agreement's provisions aligned with the relevant legislative framework and if it could be considered a bona fide enterprise agreement.

In delivering its decision, the Commission found that the Agreement satisfied the procedural requirements for approval. The evidence demonstrated that the Agreement was genuinely negotiated between the Union and the employer, and it contained all the necessary procedural elements. Furthermore, the Commission held that the terms of the Agreement did not contravene any public policy considerations or statutory provisions. The Commission concluded that the Agreement was a genuine enterprise agreement and approved it under section 231 of the Fair Work Act 2009.

The Commission made orders approving the Emily Foord Memorial Kindergarten Association Incorporated Early Childhood Education Enterprise Agreement 2020, effective from 1 July 2020. The Agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees at the kindergarten until its expiry on 30 June 2024.

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