DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/7089)

CAIRNS COMMUNITY KINDERGARTEN INCORPORATED EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the Cairns Community Kindergarten Incorporated Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Community Kindergarten Incorporated 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 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Independent Education Union of Australia and the Cairns Community Kindergarten Incorporated. The union sought approval for the Early Childhood Education Collective Enterprise Agreement 2018. The Fair Work Commission was the tribunal tasked with reviewing and approving the agreement.

The legal issues before the Commission centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specific focus was given to the fairness of the agreement’s terms and conditions, the process by which it was negotiated, and whether it met the necessary standards for approval under the legislative framework.

The Commission examined the evidence and submissions presented by both parties, taking into account the necessity for the agreement to provide for a fair and reasonable outcome for the employees. The Commission concluded that the agreement was fair and reasonable, considering the economic and social context. It noted the appropriate negotiation process and the agreement's alignment with relevant legislative standards. Therefore, the Commission approved the agreement as a registered agreement under the Fair Work Act 2009.

The Fair Work Commission approved the Cairns Community Kindergarten Incorporated Early Childhood Education Collective Enterprise Agreement 2018 as a registered agreement. This decision was based on the comprehensive review of the agreement's terms and conditions, the negotiation process, and its alignment with the legislative requirements. The approval ensures that the agreement will provide fair and reasonable terms for the employees involved.

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