DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2019/2824)

CHISELHURST KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 28 AUGUST 2019

Application for approval of the Chiselhurst Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Chiselhurst Kindergarten Early Childhood Education Collective Enterprise Agreement 2018 (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. 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 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 September 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

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, Queensland and Northern Territory Branch, who sought approval for the Chiselhurst Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The union applied for the approval of the agreement which covers employees of Chiselhurst Kindergarten, an early childhood education provider. The dispute centred around whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues the court needed to address included whether the agreement provided for a genuine bargaining process, if it contained the minimum terms and conditions required by law, and if the agreement was in the best interests of the employees. The court also had to consider if the agreement complied with provisions related to the disclosure of information and the protection of employees' rights.

The Fair Work Commission found that the agreement had been genuinely bargained and contained the requisite minimum terms and conditions. The court was satisfied that the union had provided sufficient evidence of the bargaining process and that the agreement was in the best interests of the employees. Furthermore, the agreement was found to comply with all relevant disclosure and employee protection provisions. Consequently, the court approved the Chiselhurst Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

As a result of the court's decision, the agreement was approved, and it will now serve as the basis for the employment conditions of the kindergarten's staff. This approval ensures that the employees of Chiselhurst Kindergarten are covered by an agreement that meets the legal standards set forth by the Fair Work Act 2009.

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