DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/1957)

LITTLE MIRACLES COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Little Miracles Community 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 Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Independent Education Union of Australia (ETU) 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 5 July 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia lodged an application in the Fair Work Commission seeking approval of the Little Miracles Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2019. The respondents to the application were the Little Miracles Community Kindergarten and the Little Miracles Community Kindergarten Staff Association. The application was brought pursuant to section 234 of the Fair Work Act 2009, which allows the Commission to approve an agreement if it is satisfied that the agreement will provide for fair and equitable terms and conditions.

The main legal issues before the Commission were whether the agreement provided for terms and conditions that were fair and equitable, whether the agreement contained all the prescribed terms and conditions, and whether the application was made in accordance with the relevant provisions of the Fair Work Act. The Commission considered whether the agreement complied with the requirements of the Act, including the provisions relating to minimum rates of pay, penalty rates, leave entitlements, and other terms and conditions.

The Commission found that the agreement was fair and equitable and contained all the prescribed terms and conditions. The Commission was satisfied that the agreement provided for reasonable terms and conditions of employment, including minimum rates of pay, penalty rates, and leave entitlements, that were no less favourable than the applicable awards or the general industrial awards. The Commission also found that the application was made in accordance with the relevant provisions of the Act.

The Commission approved the Little Miracles Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2019, which will now apply to the employees of the kindergarten covered by the agreement. The approval is effective from the date of the Commission's decision and will remain in force until it is replaced or terminated in accordance with the provisions of 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