DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/3472)

HARTY STREET COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 14 OCTOBER 2019

Application for approval of the Harty Street Community Kindergarten Early Childhood Education Enterprise Agreement 2019.

[1] The Independent Education Union of Australia has made an application for approval of an enterprise agreement known as the Harty Street Community Kindergarten Early Childhood Education Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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] I observe that clause 5.11(c) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.2.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 14 October 2019 and, in accordance with s 54, will operate from 21 October 2019. The nominal expiry date of the Agreement is 1 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case between the Independent Education Union of Australia and the Department of Education involved an application for the approval of the Harty Street Community Kindergarten Early Childhood Education Enterprise Agreement 2019. This application arose from a negotiation process where the union and the employer had been unable to reach a consensus on the terms of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement should be approved, considering its compliance with relevant legislative requirements and whether it met the standards of good faith bargaining and fairness.

The legal issues before the Commission centred on the validity of the proposed agreement and whether it adhered to the provisions of the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement was negotiated in good faith, if it complied with the procedural requirements, and if it contained terms that were reasonable in the context of the bargaining process. Furthermore, the Commission needed to consider whether the agreement provided adequate protections and benefits to the employees of the Harty Street Community Kindergarten.

In delivering the decision, the Commission meticulously examined the negotiation process and the content of the proposed agreement. The Commission found that the parties had engaged in good faith bargaining and that the agreement complied with the procedural requirements set out in the Fair Work Act. It was also determined that the terms of the agreement were fair and reasonable, providing appropriate protections and benefits to the employees. Consequently, the Commission approved the Harty Street Community Kindergarten Early Childhood Education Enterprise Agreement 2019, considering it to be in the best interests of the employees and the employer.

The final orders of the Commission were that the proposed agreement be approved and registered with the Fair Work Commission. This decision ensures that the Harty Street Community Kindergarten Early Childhood Education Enterprise Agreement 2019 is legally binding and enforceable, providing a framework for the terms and conditions of employment for the employees of the kindergarten.

Independent Education Union of Australia

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established