DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/1932)

BAYVIEW COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 OCTOBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Bayview 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 October 2018 and, in accordance with s.54, will operate from 30 October 2018. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia (IEU) applied to the Fair Work Commission (FWC) for approval of the Bayview Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The application was opposed by the employer, Bayview Community Kindergarten. The dispute centred on the union's entitlement to be registered as the sole bargaining agent for the kindergarten's employees, and the validity of the agreement reached between the union and the employer.

The FWC had to determine whether the IEU had the necessary support of the majority of the kindergarten's employees to act as their exclusive bargaining agent and whether the agreement was fairly reached. The FWC also needed to consider whether the agreement complied with the relevant legislative provisions and protected the rights of the employees adequately.

In reaching its decision, the FWC examined the evidence provided by both parties, including the union's claim of majority support and the employer's assertion that the union did not have the required support. The FWC concluded that the IEU had demonstrated sufficient support from the employees to be registered as their sole bargaining agent. Additionally, the FWC found that the agreement was fairly reached and complied with the relevant legislative provisions, and therefore approved the agreement.

The FWC's approval of the agreement means that it is now legally binding on the employer and the employees, and will govern the terms and conditions of employment for the kindergarten's staff. The decision reinforces the importance of ensuring that agreements are reached fairly and with the support of the majority of employees, and highlights the FWC's role in overseeing the registration of bargaining agents and the approval of enterprise agreements.

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