DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/1701)

RODERICK STREET KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 SEPTEMBER 2018

Application for approval of the Roderick Street Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Roderick Street 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 10 September 2018 and, in accordance with s.54, will operate from 17 September 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia (the Applicant) applied to the Fair Work Commission (the Commission) for approval of the Roderick Street Kindergarten Early Childhood Education Collective Enterprise Agreement 2018 (the Agreement). The Applicant submitted the Agreement under section 223 of the Fair Work Act 2009 for registration as a modern award. The Commission was required to decide whether the Agreement met the criteria for registration as a modern award. The Agreement was to cover employees of Roderick Street Kindergarten who are members of the Independent Education Union of Australia.

The Commission considered whether the Agreement met the requirements for approval under the Fair Work Act 2009. The Applicant submitted that the Agreement provided for fair and reasonable terms and conditions, including rates of pay and other employment conditions, for the employees covered by the Agreement. The Commission considered the provisions of the Agreement and the submissions made by the parties. The Commission was satisfied that the Agreement met the criteria for approval and was in the interests of the employees covered by the Agreement.

The Commission approved the Agreement as a modern award. The Agreement provides for a minimum rate of pay and other employment conditions for employees of Roderick Street Kindergarten who are members of the Independent Education Union of Australia. The Agreement also includes provisions for the payment of overtime, leave, and other benefits. The Commission considered that the Agreement provided for fair and reasonable terms and conditions for the employees covered by the Agreement.

The Commission approved the Agreement as a modern award under section 223 of the Fair Work Act 2009. The Agreement will apply to employees of Roderick Street Kindergarten who are members of the Independent Education Union of Australia. The Agreement will be registered as the Roderick Street Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

Independent Education Union of Australia

DECISION

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