DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/4418)

EDMONTON COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 DECEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Edmonton Community Kindergarten Early Childhood Education Collective Enterprise 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] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] 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.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 December 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia (IEU) applied to the Fair Work Commission (FWC) for approval of the Edmonton Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2019 (Agreement). The application was opposed by the employer, the Edmonton Community Kindergarten. The dispute centred on the interpretation of specific provisions within the Agreement, particularly those related to employment conditions and workplace practices for early childhood educators.

The key legal issues before the FWC involved the validity and fairness of certain clauses in the Agreement. The employer argued that several provisions were inconsistent with the National Employment Standards and contravened the Fair Work Act 2009 (Cth). The IEU, on the other hand, contended that the Agreement was fair and reasonable, providing necessary protections and benefits for the employees. The FWC had to determine whether the Agreement met the requirements for approval under the Fair Work Act, including whether it provided for the safety, health, and welfare of employees and whether it was consistent with the National Employment Standards.

In its decision, the FWC considered the arguments presented by both parties and examined the provisions of the Fair Work Act. The FWC found that while some of the clauses in the Agreement did not align perfectly with the National Employment Standards, they did not fundamentally undermine the rights of employees. The FWC determined that the Agreement provided reasonable protections and benefits to the employees and was, overall, fair and reasonable. Consequently, the FWC approved the Agreement, allowing it to come into effect as a legally binding enterprise agreement.

The FWC's final order was the approval of the Edmonton Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2019, subject to the terms and conditions outlined in the decision. The employer was required to implement the Agreement, and the employees would be bound by its provisions. The IEU's application for approval was thus successful, and the Agreement was set to regulate the employment conditions of early childhood educators at the Edmonton Community Kindergarten.

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