DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/7194)

LANDSBOROUGH KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Landsborough 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] 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Independent Education Union of Australia sought approval for the Landsborough Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The union, acting on behalf of the employees, and the employer, Landsborough Kindergarten, were in disagreement over the terms of the proposed agreement. The commission was tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issues that the commission had to address were whether the agreement was made in good faith, whether it was properly certified by an accredited bargaining representative, and if it contained the minimum entitlements as required by the Fair Work Act 2009. Furthermore, the commission needed to assess if the agreement complied with the specific provisions of the Act concerning the terms and conditions of employment within the early childhood education sector.

The commission, after considering the submissions from both parties, found that the agreement was made in good faith and was properly certified. It was also determined that the agreement contained all the required minimum entitlements as stipulated by the Act. The commission noted that the agreement addressed various aspects of employment, including wages, conditions of employment, and dispute resolution mechanisms, and that it adhered to the provisions of the Act. Consequently, the commission approved the agreement, finding it to be fair and reasonable for the employees covered by it.

No further orders were required as the agreement was approved as presented. This decision sets a precedent for similar agreements in the early childhood education sector, providing clarity on the legal standards that must be met for such agreements to be approved.

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