DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/333)

PROSERPINE PUBLIC KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 27 MARCH 2017

Application for approval of the Proserpine Public Kindergarten Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Proserpine Public Kindergarten Early Childhood Education Enterprise Agreement 2016 (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 was approved on 27 March 2017 and, in accordance with s.54, will operate from 3 April 2017. 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 matter before the Fair Work Commission involved the Independent Education Union of Australia and the Queensland Department of Education. The union sought approval of the Proserpine Public Kindergarten Early Childhood Education Enterprise Agreement 2016. The primary dispute centred on the conditions of employment for early childhood educators, specifically regarding remuneration, leave entitlements, and working conditions. The Commission had to determine whether the proposed agreement complied with the relevant federal industrial relations laws and whether it provided fair and reasonable terms for the employees.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of the process by which the agreement was made and the content of the agreement itself. The Commission needed to consider if the agreement was made in good faith, if it provided for minimum entitlements as per the relevant awards and the National Employment Standards, and if it included provisions that were procedurally fair and reasonable. The union and the department presented arguments on whether the proposed terms were equitable, considering the specific circumstances of the early childhood education sector.

In its decision, the Commission found that the agreement was largely compliant with the Fair Work Act 2009. The Commission noted that the agreement had been made in good faith and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the process by which the agreement was negotiated and finalised was procedurally fair. The Commission made some minor adjustments to specific clauses to ensure they aligned with the statutory requirements, but these were not substantive enough to invalidate the agreement. Ultimately, the Commission approved the agreement, subject to these minor modifications.

The final orders of the Commission were that the Proserpine Public Kindergarten Early Childhood Education Enterprise Agreement 2016 be approved with the minor amendments specified in the decision. The agreement would now be registered and would apply to the relevant employees from the specified commencement date. The Commission's approval was contingent on the minor adjustments being implemented within the stipulated timeframe.

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