DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/1272)

BILOELA COMMUNITY PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2018

Application for approval of the Biloela Community Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Biloela Community Preschool & 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 10 August 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Biloela Community Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The applicants were the Independent Education Union of Australia, and the respondent was Biloela Community Preschool & Kindergarten. The dispute centred around whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The Commission had to determine if the agreement provided for minimum terms and conditions of employment, was made in good faith, and was compliant with the relevant legislative framework.

The primary legal issue was whether the agreement satisfied the criteria for approval under the Fair Work Act. This involved examining if the agreement contained all the minimum terms and conditions as specified by the Act, if it was genuinely negotiated between the parties, and if it adhered to procedural requirements, such as providing notice and an opportunity for consultation. Additionally, the Commission had to assess if the agreement was in the best interests of the employees and if it aligned with the principles of the Fair Work Act.

In considering these issues, the Commission found that the agreement met all the necessary criteria. It included the minimum terms and conditions required by the Act, and there was evidence of genuine negotiation between the parties. The agreement also complied with procedural requirements, including adequate notice and consultation. Furthermore, the Commission determined that the agreement was in the best interests of the employees, considering their specific circumstances and needs. Consequently, the Commission approved the agreement, confirming its validity and enforceability under the Fair Work Act.

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