DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/907)

BEAUDESERT COMMUNITY KINDERGARTEN COLLECTIVE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 JULY 2018

Application for approval of the Beaudesert Community Kindergarten Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Beaudesert Community Kindergarten Collective 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 the Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2018. The nominal expiry date of the Agreement is 31 December 2019.

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 Beaudesert Community Kindergarten Collective Agreement 2018. The respondents to the application were the Beaudesert Community Kindergarten, represented by its principal, and the Beaudesert Community Kindergarten Employees Association. The FWC was required to determine whether the agreement met the statutory requirements for approval.

The main legal issue before the FWC was whether the agreement contained all the prescribed terms, was free from prohibited content, and met the requirements for good faith bargaining. The FWC considered whether the agreement contained all the prescribed terms and if it was free from prohibited content. The FWC noted that the agreement contained all the prescribed terms and did not include any prohibited content. The FWC also considered whether the agreement was the product of good faith bargaining. The FWC noted that the bargaining process was protracted and difficult, but ultimately found that the agreement was the product of good faith bargaining.

The FWC approved the Beaudesert Community Kindergarten Collective Agreement 2018, finding that it met all the statutory requirements for approval. The FWC noted that the agreement provided for a fair and reasonable outcome for both parties, and that the bargaining process, while difficult, was ultimately conducted in good faith. The FWC made an order approving the agreement as a registered agreement under the Fair Work Act 2009.

The court made no further orders.

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