DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/3324)

KENMORE DISTRICT KINDERGARTEN & PRESCHOOL EARLY EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Children’s services
COMMISSIONER JOHNS	SYDNEY, 8 NOVEMBER 2019

Application for approval of the Kenmore District Kindergarten & Preschool Early Childhood Education Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kenmore District Kindergarten & Preschool Early Childhood Education Collective Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Independent Education Union of Australia, who sought approval for the Kenmore District Kindergarten & Preschool Early Childhood Education Collective Enterprise Agreement 2019. The dispute centred on whether the agreement met the legal standards for approval, including its alignment with the Fair Work Act and its fairness to the employees it affected. The Commission was tasked with determining whether the agreement was appropriate for endorsement.

The primary legal issues revolved around the procedural validity of the agreement, its substantive fairness, and whether it complied with the Fair Work Act's requirements. The Commission had to consider if the agreement was genuinely negotiated, if the process leading to its creation was fair, and if the terms and conditions were equitable. Additionally, the Commission examined whether the agreement covered the necessary minimum terms and conditions as stipulated by the Act.

In its reasoning, the Commission found that the agreement was procedurally valid and had been genuinely negotiated. It was determined that the process leading to the agreement was fair and that the terms and conditions were equitable. The Commission concluded that the agreement met the necessary standards for approval under the Fair Work Act. The Commission approved the agreement, highlighting its fairness and compliance with the Act.

The Commission's final order was to approve the Kenmore District Kindergarten & Preschool Early Childhood Education Collective Enterprise Agreement 2019. This decision affirmed the agreement's validity and its appropriateness for implementation, ensuring that the terms and conditions would be binding under the Fair Work 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