DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia - Queensland and Northern Territory Branch
(AG2019/1721)

WEIPA KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 JUNE 2019

Application for approval of the Weipa Kindergarten & Preschool Early Childhood Education Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Weipa Kindergarten & Preschool Early Childhood Education Collective 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 Independent Education Union of Australia (IEU) 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 11 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

In the recent case of the Independent Education Union of Australia - Queensland and Northern Territory Branch, the Full Bench of the Fair Work Commission was tasked with considering an application for the approval of the Weipa Kindergarten & Preschool Early Childhood Education Collective Enterprise Agreement 2019. The dispute arose between the Independent Education Union and the Weipa Kindergarten & Preschool, with the Union seeking the approval of the proposed agreement which aimed to regulate the terms and conditions of employment for early childhood educators within the region.

The central legal issues before the Commission involved whether the proposed agreement met the requisite standards under the Fair Work Act 2009. Specifically, the Court had to determine whether the agreement contained the necessary minimum terms and conditions, whether the agreement was made in good faith, and whether the process by which the agreement was negotiated complied with the relevant statutory requirements. Additionally, the Commission needed to consider whether the agreement provided for a fair and reasonable method of resolving disputes between the parties.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. The Commission found that the proposed agreement met the statutory requirements for approval, including the provision of minimum terms and conditions, good faith negotiations, and compliance with the procedural standards. The Commission also noted that the agreement included adequate mechanisms for resolving disputes, thereby ensuring fairness and reasonableness in addressing any future conflicts. Consequently, the Full Bench approved the agreement, acknowledging its compliance with the legislative framework and its potential to fairly govern the employment relationship between the parties.

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