DECISION

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

Independent Education Union of Australia-Queensland and Northern Territory Branch
(AG2019/4638)

BOOPA WEREM KINDERGARTEN AND PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER BOOTH	BRISBANE, 24 DECEMBER 2019

Application for approval of the Boopa Werem Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by the Independent Education Union of Australia-Queensland and Northern Territory Branch (the Applicant/IEUA) for approval of the Boopa Werem Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2019 (the Agreement). The Employer to be covered by the Agreement is Boopa Werem Kindergarten and Preschool Association Incorporated T/A Boopa Werem Kindergarten & Preschool (the Employer). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and Employer on 19 December 2019, raising concerns in relation to the Agreement.

[3] The Applicant provided responses in satisfaction of those concerns also on 19 December 2019.

[4] It is noted that the consultation term at clause 3.5 of the Agreement does not appear consistent with the requirements of the Act. Accordingly, the model consultation term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Subject to the matter raised at paragraph [4], 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.

[6] The IEUA filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing 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 IEUA.

[7] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Independent Education Union of Australia-Queensland and Northern Territory Branch, which sought approval of the Boopa Werem Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2019. The matter was heard in the Fair Work Commission, which is responsible for regulating and approving enterprise agreements in Australia. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, which was intended to cover the employees of the Boopa Werem Kindergarten and Preschool.

The legal issues the court was required to decide included whether the agreement complied with the necessary legislative requirements, such as the Fair Work Act 2009, and whether the agreement provided for fair and reasonable terms and conditions for the employees. The court had to consider various aspects of the agreement, including pay rates, working hours, leave entitlements, and other employment-related matters. Furthermore, the court had to assess whether the agreement was appropriately negotiated and whether it provided for an effective system of dispute resolution.

The Fair Work Commission examined the agreement in detail and considered the submissions from both the union and the employer. The court found that the agreement met the necessary legislative requirements and provided for fair and reasonable terms and conditions for the employees. The commission approved the Boopa Werem Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2019, emphasising the importance of ensuring fair and reasonable terms for the employees in the early childhood education sector. The decision was made in light of the specific circumstances and needs of the employees and the nature of the work performed in the sector.

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