DECISION

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

Independent Education Union of Australia
(AG2019/3207)

BRACKEN RIDGE KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER SIMPSON	BRISBANE, 28 OCTOBER 2019

Application for approval of the Bracken Ridge Kindergarten Early Childhood Education Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bracken Ridge 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 (IEU) on behalf of the employer, the Bracken Ridge Kindergarten Association (the Employer).

[2] The Agreement is a single enterprise agreement.

[3] Mr Paul Giles, Assistant Secretary/Treasurer of the Independent Education Union of Australia – Queensland and Northern Territory Branch, 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 cover it.

[4] The Employer has provided written undertakings. A copy of the undertakings is attached in Appendix 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 IEU submitted the undertakings on behalf of the Employer and advised my Chambers that they concurred with the undertakings provided by the Employer.

[5] 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. The undertakings are taken to be a term of the Agreement.

[6] In accordance with s.201(2) of the Act, I note that the Agreement covers the IEU.

[7] 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 matter before the Fair Work Commission was an application by the Independent Education Union of Australia for approval of the Bracken Ridge Kindergarten Early Childhood Education Collective Enterprise Agreement 2019. The dispute arose from the negotiation process and the content of the proposed agreement, which sought to establish terms and conditions for employees of the Bracken Ridge Kindergarten.

The key legal issues before the Commission involved whether the agreement was genuinely negotiated, whether it met the requirements of the Fair Work Act 2009, and whether it complied with the procedural and substantive provisions of the Act. The Commission had to assess the negotiation process, the fairness of the terms, and whether the agreement was in the best interests of the employees.

The Commission found that the agreement had been genuinely negotiated between the parties and met the requirements of the Fair Work Act. The Commission was satisfied that the negotiation process was transparent and that the agreement was fair and reasonable. The terms of the agreement were considered to be in the best interests of the employees, providing appropriate protections and benefits. The Commission approved the agreement, noting that it would provide stability and predictability for the employees of the Bracken Ridge Kindergarten.

The Fair Work Commission approved the Bracken Ridge Kindergarten Early Childhood Education Collective Enterprise Agreement 2019, determining that it met all legal requirements and was in the best interests of the employees.

Independent Education Union of Australia

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established