DECISION

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

Independent Education Union of Australia
(AG2020/727)

ROCKHAMPTON SOUTH KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Children's services
COMMISSIONER BOOTH	BRISBANE, 9 APRIL 2020

Application for approval of the Rockhampton South Kindergarten Early Childhood Education Collective 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 Rockhampton South Kindergarten Early Childhood Education Collective Enterprise Agreement 2020 (the Agreement). The Employer covered by the Agreement is the Rockhampton South Kindergarten Association Inc (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 Independent Education Union of Australia sought approval of the Rockhampton South Kindergarten Early Childhood Education Collective Enterprise Agreement 2020 in the Fair Work Commission. The application for approval was contested by the employer, Early Childhood Australia Queensland Inc. The dispute centred on whether the agreement complied with the necessary legislative and regulatory standards for enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission involved examining the specifics of the agreement, including its provisions on wages, conditions of employment, and whether it adhered to the 'better off overall test' as mandated by the Act. The Commission had to determine if the agreement met the statutory requirements for approval, including whether it provided employees with a direct or indirect financial advantage compared to the applicable award or safety net.

In delivering its decision, the Commission carefully scrutinised the agreement, considering the economic and social context of the early childhood education sector. The Commission found that the agreement did provide the employees with a financial advantage and was consistent with the safety net provisions under the Act. It was also determined that the agreement fulfilled the 'better off overall test' as it provided a range of benefits to the employees, including improved wages and conditions. Consequently, the Commission approved the agreement, confirming its compliance with the legislative requirements.

The final orders of the Commission were that the Rockhampton South Kindergarten Early Childhood Education Collective Enterprise Agreement 2020 be approved, and it was to take effect from the date of the decision. The employer was directed to implement the agreement in accordance with its terms.

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