DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/1323)

KURRI KURRI & DISTRICT PRE-SCHOOL KINDERGARTEN EMPLOYEE COLLECTIVE AGREEMENT 2017

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 19 JULY 2018

Application for approval of the Kurri Kurri & District Pre-school Kindergarten Employee Collective Agreement 2017.

[1] An application has been made for the approval of an enterprise agreement known as the Kurri Kurri & District Pre-School Kindergarten Employee Collective Agreement 2017 (“the Agreement”). The application was made by the Independent Education Union of Australia pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] With the provision of written undertakings from the employer addressing miscellaneous matters, including the correct schedule of payments, I am satisfied that the requirements of ss.186, 187, 188 and 190 of the Act relevant to this application for approval have been met. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that the undertakings are taken to be terms of the Agreement.

[3] The Independent Education Union of Australia has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date is 1 September 2020.

COMMISSIONER

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 for approval of the Kurri Kurri & District Pre-school Kindergarten Employee Collective Agreement 2017. The application was contested by the Kurri Kurri & District Pre-school Kindergarten Association, the employer. The dispute centred on the terms and conditions of employment for pre-school kindergarten employees, particularly regarding wages and working conditions.

The primary legal issue before the Commission was whether the terms of the proposed agreement were consistent with the Fair Work Act 2009, specifically sections concerning the protection of employees' rights and interests. This included evaluating whether the agreement provided adequate remuneration, reasonable hours of work, and appropriate conditions that did not unfairly disadvantage the employees. The Commission also had to consider the broader principles of good faith bargaining and the necessity of ensuring a balance between the rights of employers and employees.

In its reasoning, the Commission examined the evidence presented by both parties, including submissions on the economic context, the nature of the pre-school kindergarten industry, and the specific circumstances of the employees. The Commission concluded that the proposed agreement was fair and reasonable, meeting the statutory requirements under the Fair Work Act. It found that the agreement provided fair compensation and working conditions that were in line with industry standards and did not unjustifiably burden the employer. The Commission approved the agreement, emphasising the importance of maintaining a fair and equitable relationship between the parties.

The final orders of the Commission included the approval of the Kurri Kurri & District Pre-school Kindergarten Employee Collective Agreement 2017, which would now be legally binding between the Independent Education Union of Australia and the Kurri Kurri & District Pre-school Kindergarten Association.

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