DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/1810)

KOOKABURRA CREEK KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER GREGORY	MELBOURNE, 26 OCTOBER 2018

Application for approval of the Kookaburra Creek Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kookaburra Creek 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 Agreement lodged contained an error at Clause 4.1.3(c). On 10 October 2018 the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[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 2 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 Independent Education Union of Australia (IUEA) applied to the Fair Work Commission (FWC) for approval of the Kookaburra Creek Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The IUEA is the employer representative for the kindergarten and the relevant employees are the early childhood teachers, educators and support staff employed by Kookaburra Creek Kindergarten. The dispute arose over the terms and conditions set out in the proposed agreement, specifically those relating to the classification and remuneration of certain employees.

The primary legal issue before the FWC was whether the proposed agreement was, in all its terms, suitable for the purposes of approval under the Fair Work Act 2009. The IUEA argued that the agreement met the statutory requirements for approval, while the FWC needed to ensure that the proposed agreement was fair and reasonable in all its terms, particularly with regard to the classification and remuneration provisions. The FWC had to consider whether the agreement provided for appropriate classification of roles and adequate remuneration, while also ensuring that the agreement was consistent with the broader principles of the national workplace relations system.

In its decision, the FWC found that the proposed agreement was fair and reasonable in all its terms, and met the requirements for approval under the Fair Work Act. The FWC noted that the agreement provided for appropriate classification of roles and remuneration, taking into account the specific circumstances of the early childhood education sector. The FWC also considered the broader context of the national workplace relations system, and found that the proposed agreement was consistent with the principles of the system. The FWC approved the Kookaburra Creek Kindergarten Early Childhood Education Collective Enterprise Agreement 2018, subject to certain conditions and modifications.

As a result of the FWC's decision, the proposed agreement is now approved and in effect, providing a framework for the terms and conditions of employment for the early childhood teachers, educators and support staff employed by Kookaburra Creek Kindergarten. The approval of the agreement is subject to certain conditions and modifications, which were imposed by the FWC to ensure that the agreement remains fair and reasonable in all its terms. The FWC's decision provides a useful guide for employers and employees in the early childhood education sector, as well as for the broader workplace relations system in Australia.

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