DECISION

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

Independent Education Union of Australia
(AG2019/4810)

ALDERLEY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER SIMPSON	BRISBANE, 19 DECEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Alderley Kindergarten Early Childhood Education 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 Alderley Kindergarten Association Inc. T/A Alderley 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

CaseChat Overview and Summary

The Independent Education Union of Australia applied for approval of the Alderley Kindergarten Early Childhood Education Enterprise Agreement 2019. The respondents were Alderley Kindergarten, and several other kindergartens and related entities. The dispute was heard in the Fair Work Commission, the tribunal responsible for overseeing workplace relations in Australia.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009 and whether it met the minimum requirements for a valid enterprise agreement. The Commission had to consider whether the agreement provided for the proper management of the workplace, provided minimum terms and conditions of employment, and was not detrimental to the employees. The Commission also needed to ensure the agreement was not inconsistent with any award or agreement that was in operation immediately before the agreement took effect.

The Fair Work Commission found that the agreement was compliant with the Fair Work Act and met the minimum requirements for a valid enterprise agreement. The Commission noted that the agreement provided for the proper management of the workplace, set out minimum terms and conditions of employment, and did not contain any provisions that were detrimental to the employees. The Commission also found that the agreement did not conflict with any applicable awards or agreements. The application for approval was subsequently granted.

The Fair Work Commission approved the Alderley Kindergarten Early Childhood Education Enterprise Agreement 2019. The agreement was deemed to have come into effect on the date of the approval and would remain in force until 30 June 2024, unless terminated earlier in accordance with its terms. The Commission's decision provided certainty to the parties and established the terms and conditions of employment for the employees covered by the 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