DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2019/634)

CAMIRA COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Children's services
COMMISSIONER LEE	MELBOURNE, 21 MARCH 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Camira Community Kindergarten 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 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 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 28 March 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia - Queensland and Northern Territory Branch lodged an application for approval of the Camira Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The dispute was heard by the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for registration under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement adequately addressed the terms and conditions of employment for employees within the Camira Community Kindergarten, specifically whether the agreement met the requirements for an enterprise agreement under the Act.

The Fair Work Commission considered various factors, including the representation of the parties involved, the bargaining process, and the content of the agreement. The Commission found that the union had appropriately represented the employees and that the agreement had been negotiated in good faith. The content of the agreement was also examined, and the Commission found that it contained all the necessary provisions as required by the Fair Work Act, including minimum terms and conditions of employment, procedural fairness, and dispute resolution mechanisms. The Commission concluded that the agreement met all the requirements for registration and approved it accordingly.

The Commission's decision was based on a comprehensive analysis of the application and the evidence presented. The Fair Work Commission found that the Camira Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018 was valid and met all the criteria for registration under the Fair Work Act. The Commission approved the agreement, and it became effective from the date of the decision. This outcome ensures that the employees of the Camira Community Kindergarten are provided with fair and reasonable terms and conditions of employment, as well as adequate mechanisms for resolving any disputes that may arise.

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