DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/6525)

BORILLA COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Children's services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 21 MAY 2019

Application for approval of the Borilla Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Borilla Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 28 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia applied for the approval of the Borilla Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The agreement was intended to regulate the terms and conditions of employment for employees of Borilla Community Kindergarten. The union argued that the agreement was necessary to provide fair and reasonable terms for the workers, including appropriate pay rates and conditions. The application was made under the Fair Work Act 2009, which mandates that certain agreements must be approved by the Fair Work Commission before they can be enforced.

The legal issues before the Commission included whether the agreement met the criteria for approval under the Fair Work Act, and if it provided fair and reasonable terms for the employees. The Commission had to consider whether the agreement was genuinely a bargain between the parties, whether it complied with the relevant provisions of the Act, and if it provided appropriate protections for the workers. The Commission also had to ensure that the agreement did not undermine the safety and health of the employees or the public.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement met the criteria for approval. The Commission was satisfied that the agreement was genuinely a bargain between the parties, and that it provided fair and reasonable terms for the employees. The Commission noted that the agreement included provisions for appropriate pay rates, leave entitlements, and conditions of employment. The Commission also found that the agreement did not undermine the safety and health of the employees or the public.

The Commission approved the Borilla Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018, subject to certain modifications. The modifications related to the calculation of penalty rates and the provision of notice of termination. The Commission considered these modifications necessary to ensure that the agreement complied with the relevant provisions of the Fair Work Act. The Commission noted that the modifications did not undermine the overall fairness of the agreement, and that they provided appropriate protections for the 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