DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/190)

KINDILAN EARLY CHILDHOOD CENTRE INC. TEACHERS EARLY CHILDHOOD SERVICES AGREEMENT 2019

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 11 FEBRUARY 2020

Application for approval of the Kindilan Early Childhood Centre Inc. Teachers Early Childhood Services Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kindilan Early Childhood Centre Inc. Teachers Early Childhood Services Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] Pursuant to subsection 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.

[4] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 February 2020. The nominal expiry date of the Agreement is 10 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Independent Education Union of Australia and Kindilan Early Childhood Centre Inc. The union sought approval of the Teachers Early Childhood Services Agreement 2019, which was intended to govern the terms and conditions of employment for teachers within the early childhood services sector. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "small business agreement" and if it provided fair and reasonable terms and conditions for the employees covered by the agreement. Another consideration was whether the agreement complied with the "better off overall test," ensuring that employees would not be worse off under the new agreement compared to their existing conditions.

The Commission found that the agreement did qualify as a small business agreement and provided fair and reasonable terms and conditions for the teachers. The Commission also determined that the agreement met the better off overall test. Consequently, the Fair Work Commission approved the Teachers Early Childhood Services Agreement 2019, effective from the date of the decision.

The Commission's decision was final, and the agreement was approved as sought by the Independent Education Union of Australia. The agreement would now govern the employment terms and conditions for teachers within the early childhood services sector at Kindilan Early Childhood Centre Inc.

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