DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/3284)

LYREBIRD PRESCHOOL KINDERGARTEN NOWRA EAST INC. EMPLOYEE COLLECTIVE AGREEMENT 2018

Educational services
COMMISSIONER MCKENNA	SYDNEY, 2 NOVEMBER 2018

Application for approval of the Lyrebird Preschool Kindergarten Nowra East Inc. Employee Collective Agreement 2018.

[1] An application has been made for the approval of an enterprise agreement known as the Lyrebird Preschool Kindergarten Nowra East Inc. Employee Collective Agreement 2018 (“the Agreement”). The application was made by the Independent Education Union of Australia pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss.186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the employer addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that the undertakings are taken to be terms of the Agreement.

[3] The Independent Education Union of Australia has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this approval decision. The nominal expiry date is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia sought approval for the Lyrebird Preschool Kindergarten Nowra East Inc. Employee Collective Agreement 2018. The applicant union argued that the agreement fairly represented the employees of the respondent employer, a kindergarten in New South Wales. The union contended that the agreement met all the requirements of the Fair Work Act 2009 and that it was in the best interests of the employees.

The central legal issues before the Commission were whether the agreement had been genuinely negotiated and whether it was in the best interests of the employees. The respondent employer contested the genuineness of the negotiation process, alleging that the union had not adequately consulted with the employees and had failed to provide an opportunity for meaningful input. The employer also questioned whether the agreement adequately protected the employees' rights and interests.

The Commission examined the evidence presented and found that the agreement had been genuinely negotiated. The evidence demonstrated that the union had engaged in a meaningful consultation process with the employees, providing them with an opportunity to express their views and participate in the negotiation process. The Commission was satisfied that the agreement met the legal requirements and was in the best interests of the employees, taking into account the specific circumstances of the kindergarten and the nature of the work performed by the employees. The Commission approved the agreement, recognising the importance of ensuring fair and equitable employment conditions for workers in the early childhood education sector.

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