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
(AG2019/3978)

LABRADOR KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER SPENCER	BRISBANE, 28 OCTOBER 2019

Application for approval of the Labrador Kindergarten Early Childhood Education Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Labrador Kindergarten Early Childhood Education Enterprise Agreement 2019 (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 Applicant). The Agreement is a single enterprise agreement.

[2] 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.

[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 of the Act, will operate from 4 November 2019. The nominal expiry date of the Agreement is 4 November 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia, Queensland and Northern Territory Branch, applied for approval of the Labrador Kindergarten Early Childhood Education Enterprise Agreement 2019. The application involved a dispute over the terms of employment for early childhood educators within the Labrador Kindergarten. The Fair Work Commission was tasked with assessing whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Key issues included whether the agreement appropriately addressed minimum employment standards, provided for genuine bargaining, and was made in good faith. The Commission also needed to consider whether the agreement was in the best interests of the employees it covered.

The Commission examined the process of bargaining and the content of the agreement to ensure it met the statutory criteria. It focused on whether the agreement was genuinely negotiated between the parties, whether it covered the necessary topics, and whether it provided fair and reasonable terms and conditions. The Commission assessed if the agreement included provisions that were consistent with the Fair Work Act's provisions on minimum entitlements, such as rates of pay, leave entitlements, and conditions of work. Furthermore, the Commission had to determine if the agreement was in the best interests of the employees by considering factors such as the balance of rights and obligations, and the overall fairness of the agreement.

After thorough consideration, the Fair Work Commission found that the Labrador Kindergarten Early Childhood Education Enterprise Agreement 2019 met the necessary legal criteria. The Commission concluded that the agreement was genuinely negotiated, covered the required topics, and provided fair and reasonable terms and conditions for employees. It was determined that the agreement was in the best interests of the employees, taking into account the balance of rights and obligations and the overall fairness of the agreement. Consequently, the Commission approved the agreement, enabling it to take effect and regulate the employment terms of early childhood educators at Labrador Kindergarten.

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