DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2018/6783)

TRINITY BEACH COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 4 APRIL 2019

Application for approval of the Trinity Beach Community Kindergarten Early Childhood Education Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Trinity Beach Community Kindergarten Early Childhood Education 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 the Independent Education Union of Australia – Queensland and Northern Territory Branch. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Independent Education Union of Australia – Queensland and Northern Territory 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 11 April 2019. The nominal expiry date of the Agreement is 31 December 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Independent Education Union of Australia – Queensland and Northern Territory Branch as the applicant and the Industrial Relations Commission of Queensland as the respondent. The dispute centred around the application for the approval of the Trinity Beach Community Kindergarten Early Childhood Education Enterprise Agreement 2018. The matter was heard by the Industrial Relations Commission of Queensland, presided over by a panel of members.

The legal issues before the court were whether the proposed agreement complied with the necessary provisions of the applicable industrial legislation, specifically the requirement that the agreement must be in writing, signed by the authorised representatives of the parties, and provide for the resolution of any disputes between the parties. The court also needed to determine if the agreement provided for adequate protections for employees, such as minimum wages and conditions, and if it met the criteria for approval under the relevant industrial laws.

The court found that the proposed agreement was in writing and signed by the authorised representatives of the parties. The agreement provided for the resolution of any disputes between the parties through the appropriate industrial mechanisms. The court also found that the agreement provided for adequate protections for employees, such as minimum wages and conditions, and met the criteria for approval under the relevant industrial laws. As a result, the court approved the Trinity Beach Community Kindergarten Early Childhood Education Enterprise Agreement 2018.

The court's decision was based on the evidence presented by both parties and the provisions of the applicable industrial legislation. The court found that the agreement complied with the necessary requirements and provided for adequate protections for employees. The court approved the agreement and the matter was concluded.

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