DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/2072)

MOURILYAN & DISTRICT KINDERGARTEN EARLY CHILDHOOD EDUCATIONCOLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER GREGORY	MELBOURNE, 1 NOVEMBER 2018

Application for approval of the Mourilyan & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mourilyan & District 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] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 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

The matter before the Fair Work Commission was an application by the Independent Education Union of Australia to approve the Mourilyan & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The respondents to the application were various employers of early childhood educators within the district. The primary dispute concerned whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included considerations of whether the agreement complied with the good faith bargaining provisions, whether it contained mandatory terms, and whether the process leading to the agreement's formation was fair and reasonable.

The legal issues before the Commission involved scrutiny of the procedural fairness of the bargaining process, the content of the agreement, and whether it adhered to the mandatory terms prescribed by the Act. A particular focus was on whether the union had genuinely attempted to bargain in good faith, and whether the agreement contained any mandatory terms that would render it invalid. The Commission also needed to determine if the agreement was genuinely negotiated and not imposed by one party over the other.

In delivering its decision, the Commission found that the bargaining process was conducted in good faith and the agreement did not contain any impermissible mandatory terms. The union had made a genuine attempt to negotiate with the employer, and the terms of the agreement were reflective of a negotiated outcome rather than being imposed. The Commission concluded that the agreement was fair and reasonable, met all statutory requirements, and should be approved. As a result, the application was successful, and the agreement was approved.

The Fair Work Commission ordered that the Mourilyan & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2018 be approved and registered. This decision ensures that the agreement is legally binding on the parties involved and provides a framework for the employment conditions of early childhood educators within the district. The approval of the agreement allows it to take effect from the date of registration, providing certainty and stability for both employers and 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