DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/1870)

KULIA INDIGENOUS KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER LEE	MELBOURNE, 12 JUNE 2019

Application for approval of the Kulila Indigenous Kindergarten Early Childhood Education Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kulila Indigenous 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 19 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Independent Education Union of Australia (the Applicant) for approval of the Kulila Indigenous Kindergarten Early Childhood Education Collective Enterprise Agreement 2019. The application was made under section 184 of the Fair Work Act 2009. The Fair Work Commission heard the matter. The primary dispute was whether the agreement met the criteria for approval under the legislation, specifically concerning whether it provided a safety net for employees and whether it was in the public interest.

The key legal issues addressed by the Commission were whether the agreement provided for a safety net of minimum entitlements, whether it was appropriate and necessary for the purposes of facilitating efficient and productive workplace relations, and whether it was in the public interest. The Commission had to determine if the agreement struck an appropriate balance between the interests of employers and employees and if it complied with the statutory requirements for approval.

The Commission found that the agreement met the statutory criteria for approval. It provided for a safety net of minimum entitlements, including wages, leave, and other conditions of employment. The Commission considered that the agreement was appropriate and necessary for facilitating efficient and productive workplace relations, and it was in the public interest. The agreement included provisions for dispute resolution and recognised the importance of Indigenous cultural practices in the workplace. The Commission concluded that the agreement would benefit both employers and employees by providing a fair and balanced framework for employment.

The Fair Work Commission approved the Kulila Indigenous Kindergarten Early Childhood Education Collective Enterprise Agreement 2019. The agreement was deemed to be compliant with the statutory requirements and in the public interest, ensuring that it provided a safety net of minimum entitlements and facilitated efficient and productive workplace relations. The approval of the agreement was seen as a positive step towards recognising and accommodating the unique cultural and employment needs of Indigenous kindergarten early childhood education employees.

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