DECISION

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

Independent Education Union of Australia
(AG2019/4089)

WHITFIELD COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER SIMPSON	BRISBANE, 23 DECEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Whitfield Community 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). It has been made by the Independent Education Union of Australia (the IEU) on behalf of Whitfield Community Kindergarten Association Inc. T/A Whitfield Community Kindergarten.

[2] The Agreement is a single enterprise agreement.

[3] Mr Paul Giles, Assistant Secretary/Treasurer of the Independent Education Union of Australia’s Queensland and Northern Territory Branch, a bargaining representative for the Agreement, 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 will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

The Independent Education Union of Australia (the "Union") applied to the Fair Work Commission for approval of the Whitfield Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2019 (the "Agreement"). The Whitfield Community Kindergarten ("Employer") opposed the application. The nature of the dispute was the validity and enforceability of the Agreement in light of the Employer's objection to certain clauses.

The legal issues before the Commission were whether the Agreement was made in accordance with the requirements of the Fair Work Act 2009 and whether the Agreement was a genuine agreement between the parties. The Union argued that the Agreement was valid and should be approved, while the Employer contended that the Agreement did not meet the statutory requirements for approval and was not a genuine agreement.

The Commission found that the Agreement was not a genuine agreement because the Employer had not genuinely negotiated with the Union as required by the Act. The Employer had imposed the terms and conditions of the Agreement on the employees without proper negotiation. The Commission also found that the Agreement did not comply with the statutory requirements for approval, as it did not include certain minimum entitlements. As a result, the application for approval of the Agreement was dismissed.

The Commission ordered that the application for approval of the Whitfield Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2019 be dismissed. The Agreement was not approved, and the Employer was directed to take steps to remedy the deficiencies in the Agreement and to genuinely negotiate with the Union. The Union was directed to take steps to facilitate genuine negotiation and to ensure that any future agreement complied with the requirements of the Act.

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