DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/3478)

HOLLAND PARK KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER BISSETT	MELBOURNE, 24 DECEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Holland Park 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Independent Education Union of Australia sought approval of the Holland Park Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The respondent, Holland Park Kindergarten, contested the application on various grounds, including concerns about the agreement's compliance with relevant statutory provisions. The Commission was tasked with determining whether the agreement should be approved in its current form or if it required modifications before approval.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and if there were any provisions that did not comply with the provisions of the Act or the Fair Work Regulations 2009. The Commission considered the overall fairness of the agreement and the process by which it was negotiated, including the extent to which it provided for the proper regulation of employment conditions and the protection of employees' rights and interests.

The Commission found that while the agreement was largely compliant with the statutory requirements, certain provisions did not meet the standards set by the Act and the Regulations. Specifically, the Commission identified issues with the provisions relating to casual loading and the definition of "employee". After reviewing submissions from both parties and considering the evidence, the Commission determined that certain modifications were necessary to bring the agreement into compliance. The Commission made orders approving the agreement with the specified modifications, ensuring that it met the necessary legal standards.

The final orders of the Commission included the approval of the Holland Park Kindergarten Early Childhood Education Collective Enterprise Agreement 2018, subject to the modifications identified in the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the approved agreement. The Commission's decision provided clarity on the necessary compliance standards and ensured that the agreement would adequately protect the rights and interests of the employees.

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