DECISION

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

Independent Education Union of Australia
(AG2020/803)

LAIDLEY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER HUNT	BRISBANE, 31 MARCH 2020

Application for approval of the Laidley Kindergarten Early Childhood Education Collective Enterprise Agreement 2019.

[1] The Independent Education Union of Australia (IEU) has applied for approval of an enterprise agreement known as the Laidley Kindergarten Early Childhood Education Collective Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The application is supported by the employer, Laidley Kindergarten Association Inc.

[3] Mr Paul Giles, Assistant Secretary/Treasurer of the IEU, 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.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] In accordance with s.201(2) of the Act, I note that the Agreement covers the IEU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia sought approval for the Laidley Kindergarten Early Childhood Education Collective Enterprise Agreement 2019. The respondent, Laidley Kindergarten, did not oppose the application but raised concerns about the agreement's compliance with relevant legislative requirements. The union argued that the agreement was fair and reasonable and met all statutory criteria for approval.

The primary legal issue before the Commission was whether the agreement satisfied the conditions outlined in the Fair Work Act 2009 for an enterprise agreement to be approved. The Commission had to consider whether the agreement was made in good faith, was free from coercion and duress, and covered the necessary topics. Additionally, the Commission examined whether the agreement provided for a fair and efficient resolution of workplace disputes and adequately protected the rights and interests of employees.

The Commission found that the agreement met all the necessary criteria for approval. It determined that the agreement was made in good faith and was free from coercion and duress. The Commission was satisfied that the agreement covered the required topics and provided for an efficient resolution of workplace disputes. Furthermore, the Commission found that the agreement adequately protected the rights and interests of employees. Consequently, the Commission approved the Laidley Kindergarten Early Childhood Education Collective Enterprise Agreement 2019.

The Commission's approval of the agreement means that it will now be legally binding on the parties and will govern the employment conditions of the employees covered by the agreement. The union and the employer will be required to adhere to the terms and conditions set out in the approved 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