DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2020/3421)

ROSEWOOD & DISTRICT KINDERGARTEN AND PRESCHOOL EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 24 NOVEMBER 2020

Application for approval of the Rosewood & District Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Rosewood & District Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2020 (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 – Queensland and Northern Territory Branch. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and 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, will operate from 1 December 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Independent Education Union of Australia – Queensland and Northern Territory Branch filed an application for the approval of the Rosewood & District Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2020. The application was brought under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for early childhood education staff at the named institution.

The primary legal issue the court had to resolve was whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. This involved examining whether the agreement covered essential terms, was free from prohibited content, and had been fairly negotiated. The court also needed to determine if the application met the procedural prerequisites for approval, including whether it had been lodged within the specified time frame and whether the agreement had been certified as "not contentious" by the Fair Work Commission.

The court examined the application and the agreement in detail, ensuring that it adhered to the legislative framework. It found that the agreement met all the necessary criteria for approval, including the essential terms and the absence of prohibited content. The court also confirmed that the application was procedurally sound. Based on these findings, the court approved the collective enterprise agreement. The final orders of the court included the formal approval of the agreement, ensuring it would come into effect as per the terms specified within.

Independent Education Union of Australia – Queensland and Northern Territory Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established