DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2017/2284)

KENMORE DISTRICT KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 AUGUST 2017

Application for approval of the Kenmore District Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kenmore District Kindergarten & Preschool 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 the Independent Education Union of Australia. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 11 August 2017 and, in accordance with s.54, will operate from 18 August 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Independent Education Union of Australia, the applicant, and the Queensland Department of Education and Training, the respondent, the Federal Court of Australia was tasked with determining whether the Kenmore District Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2017 should be approved. The agreement in question was made between the Independent Education Union of Australia and the Queensland Department of Education and Training. The primary dispute centred around the terms and conditions of the agreement, which the union argued were fair and reasonable, while the department contended that certain provisions did not comply with relevant legislative standards.

The central legal issues the court had to resolve involved whether the agreement adhered to the requirements of the Fair Work Act 2009, specifically sections concerning the approval of enterprise agreements. The court examined whether the agreement was made in good faith and if it contained the necessary provisions as stipulated by the Act, such as minimum entitlements and dispute resolution mechanisms. Additionally, the court had to consider whether the union had properly certified the agreement according to the legislative framework.

The court deliberated on the application of the statutory criteria for the approval of the enterprise agreement, including the need for the agreement to provide for fair and reasonable terms and conditions. It was determined that the agreement did indeed meet the legislative standards, as it contained all the necessary minimum entitlements and dispute resolution provisions. The court found that the union had correctly certified the agreement and that it was made in good faith. Consequently, the court approved the Kenmore District Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2017, affirming its compliance with the Fair Work Act 2009.

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