DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/5590)

EMERALD PRESCHOOL AND COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 14 DECEMBER 2017

Application for approval of the Emerald Preschool and Community Kindergarten Early Childhood Education Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Emerald Preschool and Community 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Independent Education Union of Australia. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2017. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The parties involved in this matter were the Independent Education Union of Australia and the Emerald Preschool and Community Kindergarten, with the dispute centring on the approval of the Emerald Preschool and Community Kindergarten Early Childhood Education Enterprise Agreement 2017. The matter was heard in the Fair Work Commission, an Australian federal statutory tribunal, which has jurisdiction over workplace relations and employment matters. The Union sought approval for the agreement, which outlined terms and conditions of employment for early childhood educators within the kindergarten, including wages, hours of work, and other employment-related matters.

The legal issues that the Commission needed to address included whether the agreement provided for the proper negotiation process, whether it complied with the relevant legislative provisions, and whether it met the standards of procedural fairness and good faith. Additionally, the Commission had to consider whether the agreement provided for the fair and reasonable terms and conditions for the employees, and if it adhered to the relevant public policy considerations. The Union argued that the agreement was fair and reasonable and had been negotiated in good faith, while the employer contested certain aspects of the agreement.

The Commission found that the agreement had been negotiated in good faith and provided for the proper negotiation process. It was determined that the agreement complied with the relevant legislative provisions and met the standards of procedural fairness and good faith. The Commission also found that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the specific needs and circumstances of the early childhood education sector. Furthermore, it was concluded that the agreement adhered to the relevant public policy considerations. As a result, the Commission approved the Emerald Preschool and Community Kindergarten Early Childhood Education Enterprise Agreement 2017.

The Fair Work Commission's decision to approve the Emerald Preschool and Community Kindergarten Early Childhood Education Enterprise Agreement 2017 serves as a precedent for similar agreements within the early childhood education sector. The Commission's findings on the proper negotiation process, compliance with legislative provisions, procedural fairness, good faith, and adherence to public policy considerations provide valuable guidance for future negotiations and agreements in this sector.

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