DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2019/1747)

ALMA STREET PRE-PREP EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JUNE 2019

Application for approval of the Alma Street Pre-Prep Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Alma Street Pre-Prep Early Childhood Education Collective Enterprise Agreement 2018 (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. 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 10 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 case of the Independent Education Union of Australia - Queensland and Northern Territory Branch, the applicants sought approval of the Alma Street Pre-Prep Early Childhood Education Collective Enterprise Agreement 2018. The respondent, the Department of Education, opposed the application, contending that certain provisions of the agreement were not consistent with relevant legislation and policy frameworks. The matter was brought before the Fair Work Commission.

The primary legal issue before the Commission was whether the provisions of the proposed agreement conformed to applicable laws and policies. This involved examining whether the agreement's terms on employment conditions, remuneration, and working hours were consistent with legislative and policy requirements. The Commission also had to consider if any of the provisions could be deemed invalid or unenforceable.

The Fair Work Commission found that most of the provisions in the agreement were in line with the relevant legislative and policy framework. However, certain provisions regarding the classification and remuneration of certain staff were deemed inconsistent with the applicable policy. The Commission ruled that these provisions could be modified to ensure compliance while maintaining the intent of the agreement. The Commission approved the agreement with the specified modifications.

Consequently, the Fair Work Commission granted approval of the Alma Street Pre-Prep Early Childhood Education Collective Enterprise Agreement 2018, subject to the modifications made to the provisions concerning staff classification and remuneration. The agreement was to take effect from the date of the Commission's decision, ensuring the implementation of the modified terms in line with the relevant laws and policies.

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