DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/5222)

BRIBIE ISLAND COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Bribie Island Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Independent Education Union of Australia (IEU). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The IEU 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the Independent Education Union of Australia, who sought approval for the Bribie Island Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The primary dispute centred on whether the agreement met the necessary criteria for approval under the relevant industrial legislation. The case was heard in the Fair Work Commission, the tribunal responsible for such matters.

The court had to determine whether the agreement complied with all statutory requirements, including provisions related to employee representation, negotiation processes, and the content of the agreement itself. Specifically, the court examined if the agreement was made in good faith, if the necessary procedures were followed, and if it contained all the mandatory terms required by law. Additionally, the court needed to ensure that the agreement did not adversely affect the employees' rights or entitlements.

The court found that the agreement met all statutory requirements. The union had followed the appropriate negotiation processes and the agreement contained all mandatory terms. The court was satisfied that the agreement was made in good faith and did not negatively impact the employees' rights or entitlements. Consequently, the court approved the agreement, confirming that it complied with all necessary legal standards.

The court's final order was the approval of the Bribie Island Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The agreement was deemed to be in compliance with all relevant legislative requirements and was thus approved for implementation.

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