DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/319)

BAYVIEW HEIGHTS COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 11 MAY 2018

Application for approval of the Bayview Heights Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bayview Heights Community 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 18 May 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia lodged an application seeking approval of the Bayview Heights Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2017. The application involved determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement sufficiently covered the required topics and was free from prohibited content.

The central legal issue before the Commission was whether the agreement complied with the legislative requirements for approval. This included an assessment of whether the agreement contained all the mandatory topics prescribed by the Act and was free from prohibited content. Additionally, the Commission considered whether the agreement was made in good faith and whether it complied with the procedural fairness requirements.

The Commission found that the agreement did not include all the mandatory topics as required by the Act. Specifically, it lacked provisions on the payment of wages and the handling of shift penalties, which are mandatory topics under the legislation. The Commission also noted that the agreement did not explicitly state that it was made in good faith, a requirement under the Act. Consequently, the Commission refused to approve the agreement due to these deficiencies.

The Fair Work Commission refused to approve the Bayview Heights Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2017 on the grounds that it did not contain all the mandatory topics and was not explicitly stated to be made in good faith. The Commission's decision highlighted the importance of ensuring that all prescribed topics are included in an enterprise agreement and that it explicitly states the agreement was made in good faith.

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