DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/6285)

LAIDLEY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 30 APRIL 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Laidley Kindergarten Early Childhood Education 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 7 May 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Laidley Kindergarten Early Childhood Education Enterprise Agreement 2017 from the Fair Work Commission. The Laidley Kindergarten is a not-for-profit early learning centre in Queensland that operates under the direction of the Uniting Church in Australia Queensland Synod. The agreement in question was negotiated between the union and the employer, and it governed the terms and conditions of employment for kindergarten teachers and other staff. The union applied for the agreement to be registered under the Fair Work Act 2009, asserting that it met the criteria for "single interest employer" bargaining and "good faith" negotiation.

The primary legal issue before the Commission was whether the Laidley Kindergarten qualified as a "single interest employer" as defined in the Fair Work Act. A single interest employer is an entity that primarily engages in a particular industry or sector, and in this case, the union argued that the Laidley Kindergarten's primary activity was the provision of early childhood education services. The Commission also needed to determine if the agreement was made in good faith, meaning that both parties negotiated genuinely and without coercion. The employer contested the union's claims, arguing that it did not fit the definition of a single interest employer and that the agreement did not reflect good faith negotiations.

The Fair Work Commission found that the Laidley Kindergarten met the definition of a single interest employer because its primary activity was indeed the provision of early childhood education services. The Commission also concluded that the agreement was made in good faith, as both parties engaged in genuine negotiations without any evidence of coercion. The union provided comprehensive evidence of the negotiation process, and the employer did not present any counterarguments that would undermine the good faith nature of the agreement. Consequently, the Commission approved the Laidley Kindergarten Early Childhood Education Enterprise Agreement 2017, and it was registered under the Fair Work Act.

The Fair Work Commission's decision was based on the evidence presented by the union regarding the Laidley Kindergarten's primary activities and the good faith negotiation process. The Commission's approval of the agreement ensures that the terms and conditions of employment for the kindergarten teachers and staff are legally recognised and enforceable. This outcome provides stability and clarity in the workplace relations for the parties involved.

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