DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/6541)

CHINCHILLA KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 1 MAY 2018

Application for approval of the Chinchilla Kindergarten Early Childhood Education Collective Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Chinchilla 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 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 8 May 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 parties to this case were the Independent Education Union of Australia and the Queensland Department of Education. The dispute arose over the approval of the Chinchilla Kindergarten Early Childhood Education Collective Enterprise Agreement 2017. The case was heard by the Fair Work Commission, a tribunal with jurisdiction to make decisions about workplace relations matters in Australia.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether it contained the necessary minimum terms and conditions, and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement was in the best interests of the employees covered by it.

The Commission found that the agreement met the requirements of the Act. It contained the necessary minimum terms and conditions and was made in good faith and without coercion. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable pay and conditions, as well as opportunities for professional development and career progression. The Commission approved the agreement, and it came into effect on 1 April 2017.

The Fair Work Commission approved the Chinchilla Kindergarten Early Childhood Education Collective Enterprise Agreement 2017. The agreement provides for fair and reasonable pay and conditions for employees, as well as opportunities for professional development and career progression. The Commission found that the agreement was made in good faith and without coercion, and that it was in the best interests of the employees covered by it.

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