DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2019/1719)

RAVENSHOE KINDERGARTEN & PLAYGROUP INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2019

Children’s services
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2019

Application for approval of the Ravenshoe Kindergarten & Playgroup Inc Early Childhood Education Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ravenshoe Kindergarten & Playgroup Inc 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 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Independent 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 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, seeking approval of the Ravenshoe Kindergarten & Playgroup Inc Early Childhood Education Enterprise Agreement 2019. The Commission was tasked with determining whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment. The application was brought under the Fair Work Act 2009, and the proceedings were held in the Fair Work Commission.

The central legal issues the Commission had to address were whether the agreement provided for fair and reasonable terms and conditions of employment and whether it met the statutory requirements for approval. This involved examining the terms of the agreement, including the wages, hours of work, and other conditions of employment, to determine if they were fair and reasonable. The Commission also had to consider whether the agreement was made in good faith and whether it complied with the provisions of the Fair Work Act.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and met the statutory requirements for approval. The agreement provided for a fair and reasonable wage rate, hours of work, and other conditions of employment, and the Commission was satisfied that it was made in good faith. The Commission also found that the agreement complied with the provisions of the Fair Work Act, including the requirement that it be in writing and be certified by the relevant union. The Commission approved the agreement, and it came into effect on 1 July 2019.

The Fair Work Commission approved the Ravenshoe Kindergarten & Playgroup Inc Early Childhood Education Enterprise Agreement 2019, finding it to be fair and reasonable and compliant with the statutory requirements for approval. The agreement provides for wages, hours of work, and other conditions of employment that are fair and reasonable, and the Commission was satisfied that it was made in good faith. The approval of the agreement ensures that the employees of Ravenshoe Kindergarten & Playgroup Inc have a fair and reasonable enterprise agreement that governs their employment terms and conditions.

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