DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/6379)

NANANGO & DISTRICT KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Children's services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 11 APRIL 2019

Application for approval of the Nanango & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Nanango & District 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 the 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 18 April 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 matter of the Independent Education Union of Australia, the applicant sought approval of the Nanango & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The respondent, the Queensland Department of Education, opposed the approval on various grounds, including that the agreement did not meet certain legislative requirements under the Education (General Provisions) Act 2006. The dispute was heard by the Fair Work Commission, which had to determine whether the agreement complied with the relevant statutory provisions.

The legal issues before the Commission involved interpreting the requirements set out in the Act and assessing whether the agreement satisfied those criteria. Key points of contention were whether the agreement appropriately addressed the terms and conditions of employment for early childhood educators, and whether it complied with the Act's provisions regarding minimum standards and dispute resolution mechanisms. The Commission had to consider whether the agreement provided for fair and reasonable terms of employment, and whether it adhered to the statutory framework designed to protect the interests of both employers and employees.

The Commission found that the agreement largely met the legislative requirements. It determined that the agreement contained provisions for minimum wages and conditions, and included mechanisms for resolving disputes. The Commission also considered the evidence presented by both parties and concluded that the agreement provided for fair and reasonable terms of employment. As such, the Commission approved the agreement, finding it compliant with the statutory provisions.

The Fair Work Commission approved the Nanango & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2018, rejecting the respondent's objections. The decision underscores the importance of ensuring that enterprise agreements align with statutory requirements, while also providing fair and reasonable terms for employees. The Commission's ruling highlights the need for careful drafting of agreements to ensure compliance with the relevant legislation.

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