DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/4862)

ATHERTON COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER BISSETT	MELBOURNE, 19 DECEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Atherton Community 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 26 December 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Independent Education Union of Australia, the applicant sought approval for the Atherton Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The dispute centred around the terms and conditions of employment for early childhood educators within the specified kindergarten. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues before the Commission included whether the agreement complied with the applicable legislative requirements, including the Fair Work Act 2009, and whether it adequately protected the rights and interests of the employees. The Commission also needed to consider if the agreement was genuinely negotiated and whether it met the standards of procedural fairness. Additionally, the Commission assessed whether the agreement addressed the needs of the kindergarten and the educators in a balanced and reasonable manner.

The Commission found that the agreement was compliant with the relevant legislative provisions and had been genuinely negotiated. It was noted that the agreement contained provisions that protected the rights and interests of the educators, and it addressed the needs of both the kindergarten and the educators in a balanced way. The Commission was satisfied that the procedural fairness standards were met, and therefore, approved the agreement. The Commission's decision was based on the comprehensive evidence presented and the understanding that the agreement fostered a cooperative and productive working environment.

As a result, the Fair Work Commission approved the Atherton Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018, ensuring that it would be applicable to the relevant employees. This decision provides clarity and certainty for both the Independent Education Union of Australia and the Atherton Community Kindergarten in their ongoing relationship.

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