DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/1125)

COOKTOWN KINDERGARTEN ASSOCIATION INC. KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2019

Application for approval of the Cooktown Kindergarten Association Inc. Kindergarten Early Childhood Education Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cooktown Kindergarten Association Inc. 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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] 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 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Cooktown Kindergarten Association Inc. applied for the approval of their Early Childhood Education Collective Enterprise Agreement 2019, which was opposed by the Independent Education Union of Australia. The application was heard by the Fair Work Commission, which had to determine whether the agreement complied with the relevant legislative provisions and met the necessary standards for approval.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically section 231, which outlines the criteria for approval of an enterprise agreement. The Commission had to consider whether the agreement was in the public interest, did not undermine the integrity of the industrial relations system, and was not detrimental to employees. Additionally, the Commission assessed whether the agreement contained all the necessary terms and conditions, was not discriminatory, and provided for a fair and reasonable level of pay and conditions.

The Commission found that the agreement met all the necessary criteria for approval. It was in the public interest as it provided for the fair and efficient operation of the kindergarten. The agreement did not undermine the integrity of the industrial relations system and was not detrimental to employees. Furthermore, the Commission determined that the agreement contained all the necessary terms and conditions, was not discriminatory, and provided for a fair and reasonable level of pay and conditions. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Cooktown Kindergarten Association Inc. Kindergarten Early Childhood Education Collective Enterprise Agreement 2019, subject to certain conditions. These conditions included the requirement that the agreement be reviewed and updated every two years to ensure that it remained fair and reasonable. Additionally, the Commission required that any changes to the agreement be notified to the relevant parties and that any disputes arising from the agreement be resolved through the appropriate dispute resolution processes.

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