DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/3050)

PITTSWORTH KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER JOHNS	CANBERRA, 18 JULY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Pittsworth 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Independent Education Union of Australia, the applicant sought the Fair Work Commission’s approval of the Pittsworth Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The application arose from a dispute concerning the terms and conditions of employment of the kindergarten’s staff. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission needed to assess whether the necessary consultations and negotiations had taken place. Substantively, the agreement had to ensure it did not adversely affect employees' conditions below the minimum standards provided by the National Employment Standards or other applicable awards and agreements.

The Commission found that the agreement was procedurally valid, as the union and employer had engaged in good faith negotiations. Regarding substantive compliance, the Commission determined that the agreement did not disadvantage employees in terms of their pay and conditions compared to the National Employment Standards and other relevant instruments. Consequently, the Commission approved the agreement, recognising its fairness and appropriateness in the context of the involved parties.

The Fair Work Commission approved the Pittsworth Kindergarten Early Childhood Education Collective Enterprise Agreement 2018, finding it met the necessary legal requirements under the Fair Work Act. The Commission’s decision confirmed the agreement’s validity, allowing it to take effect as a binding instrument governing the employment terms of the kindergarten’s staff.

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