DECISION

Fair Work Act 2009
s.185—Enterprise agreement

INDEPENDENT EDUCATION UNION OF AUSTRALIA
(AG2018/322)

ESK AND DISTRICT KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	MELBOURNE, 22 JUNE 2018

Application for approval of the Esk and District Kindergarten Early Childhood Education Collective Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Esk and District Kindergarten Early Childhood Education Collective Enterprise Agreement 2017 (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] 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 29 June 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Independent Education Union of Australia, acting on behalf of kindergarten teachers in the Esk and District region, and sought approval of the Esk and District Kindergarten Early Childhood Education Collective Enterprise Agreement 2017. The union argued that the proposed agreement was fair and reasonable, while the employer, Esk and District Kindergarten, contended that certain provisions did not meet the statutory requirements for approval under the Fair Work Act 2009. The matter was heard and determined by the Fair Work Commission, which had to assess the fairness of the proposed agreement.

The primary legal issue before the Commission was whether the Esk and District Kindergarten Early Childhood Education Collective Enterprise Agreement 2017 complied with the statutory requirements for approval, specifically whether it met the "better off overall test" and did not contain any provisions that were not reasonably necessary for the protection of the employees' interests. The Commission had to consider the terms of the agreement, the evidence provided by both parties, and the broader context of the negotiations and bargaining process.

The Commission found that the proposed agreement was fair and reasonable and met the statutory requirements for approval. It noted that the agreement had been the result of genuine and meaningful negotiations between the parties, and that it provided for a range of benefits to the employees, including improved wages and conditions. The Commission also found that the agreement did not contain any provisions that were not reasonably necessary for the protection of the employees' interests, and that the employees would be better off overall as a result of the agreement. Accordingly, the Commission approved the agreement, and the matter was concluded.

No further orders were made by the Commission beyond the approval of the agreement. The decision serves as a reminder of the importance of genuine and meaningful negotiations in the collective bargaining process, and the need for agreements to meet the statutory requirements for approval. The decision also highlights the role of the Fair Work Commission in ensuring that agreements are fair and reasonable, and that employees are protected in the workplace.

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