DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/1182)

BABINDA COMMUNITY KINDERGARTEN COLLECTIVE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2019

Application for approval of the Babinda Community Kindergarten Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Babinda Community Kindergarten Collective 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 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 8 May 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The parties involved in this case were the Independent Education Union of Australia (the applicant) and various employers of early childhood educators (the respondents). The applicant sought approval of a collective agreement for the Babinda Community Kindergarten, which covered terms and conditions of employment for the kindergarten's educators. The matter was heard in the Fair Work Commission (FWC), Australia's industrial relations tribunal.

The primary legal issues the FWC had to address were whether the proposed collective agreement met the criteria for approval under the Fair Work Act 2009. These criteria included whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The respondents argued that certain provisions in the agreement were not fair and reasonable, particularly those relating to penalty rates and annual leave entitlements.

In its decision, the FWC examined the evidence and arguments presented by both parties. The Commission noted that the agreement provided for terms and conditions that were consistent with those found in other early childhood education and care collective agreements. The FWC concluded that the agreement was made in good faith and without coercion. The Commission found that the provisions challenged by the respondents were reasonable and fair, taking into account the unique circumstances of the Babinda Community Kindergarten. As a result, the FWC approved the Babinda Community Kindergarten Collective Agreement 2019.

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