DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia–Queensland and Northern Territory
(AG2018/6786)

MERMAID WATERS COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Children’s services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 5 MARCH 2019

Application for approval of the Mermaid Waters Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mermaid Waters Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia–Queensland and Northern Territory Branch (IEUA). 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, 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 IEUA, 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 12 March 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia–Queensland and Northern Territory, sought the Fair Work Commission's approval of the Mermaid Waters Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2019. The respondent, Mermaid Waters Community Kindergarten, opposed the application. The court was tasked with determining whether the agreement met the necessary criteria for approval, as outlined under the Fair Work Act 2009. The central issue was whether the agreement, which proposed to pay employees a wage rate lower than the relevant industry award, was fair and reasonable in all aspects.

The court examined the agreement's compliance with the criteria for approval, including whether it provided for a safety net of minimum wages and conditions and facilitated the efficient operation of the workplace. The court also considered whether the agreement was free from coercion and undue influence and whether it provided for prompt and equitable dispute resolution. The court found that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the parties involved. The court noted that the agreement provided for a safety net of minimum wages and conditions and facilitated the efficient operation of the workplace. The court also found that the agreement was free from coercion and undue influence and provided for prompt and equitable dispute resolution.

Accordingly, the court approved the Mermaid Waters Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2019. The court ordered that the agreement be registered and that it would commence on the first day of the month following its registration. The court also ordered that the agreement would remain in effect until it was terminated, varied, or replaced by a new agreement. The court emphasised the importance of the agreement's provisions for the fair and reasonable treatment of employees and the efficient operation of the workplace.

Independent Education Union of Australia–Queensland and Northern Territory

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established