DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/6789)

TARRAGINDI WAR MEMORIAL KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Children's services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the Tarragindi War Memorial Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tarragindi War Memorial 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

The case before the court involved the Independent Education Union of Australia and sought approval for the Tarragindi War Memorial Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The application was brought under the Fair Work Act 2009 and was heard by the Fair Work Commission. The union sought to have the agreement certified as a single-employer agreement that would apply to the employees of the Tarragindi War Memorial Kindergarten.

The primary legal issue before the court was whether the proposed agreement met the requirements of the Fair Work Act to be certified as a single-employer agreement. This involved determining whether the agreement had been genuinely negotiated between the union and the employer, and whether it complied with the provisions of the Act. The court also had to consider whether the agreement contained all the prescribed terms and conditions as required by the Act.

The Fair Work Commission found that the agreement had been genuinely negotiated and met all the statutory requirements for certification. The court examined the negotiation process and concluded that the union and the employer had engaged in good faith bargaining. The agreement contained all the prescribed terms and conditions, and there were no provisions that were inconsistent with the provisions of the Fair Work Act. As a result, the court approved the agreement and certified it as a single-employer agreement under the Act.

The final orders of the court were that the Tarragindi War Memorial Kindergarten Early Childhood Education Collective Enterprise Agreement 2018 be approved and certified as a single-employer agreement under the Fair Work Act 2009. The agreement was to apply to the employees of the Tarragindi War Memorial Kindergarten, and the union was authorised to take any necessary steps to give effect to the agreement. The court's decision provided certainty and stability for the employees and the employer, and ensured that the agreement complied with the requirements of the Act.

Independent Education Union of Australia

DECISION

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Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established