DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2019/650)

SARINA & DISTRICT COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER LEE	MELBOURNE, 21 MARCH 2019

Application for approval of the Sarina & District Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sarina & District Community Kindergarten 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 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 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.

[5] 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 case before the Fair Work Commission involved the Independent Education Union of Australia – Queensland and Northern Territory Branch and Sarina & District Community Kindergarten. The union sought approval for the 2019 Early Childhood Education Collective Enterprise Agreement, which aimed to establish terms and conditions of employment for kindergarten workers within the community kindergarten sector. The primary dispute centred on whether the agreement was fair and reasonable in light of the broader economic and social context.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interest of the employees, provided fair and reasonable terms, and adhered to the principles of procedural fairness. The Commission also considered the impact of the agreement on the broader community kindergarten sector and its alignment with the objectives of the Fair Work Act.

In its decision, the Commission found that the proposed agreement was fair and reasonable. The agreement was considered to meet the statutory requirements, as it provided for fair and reasonable terms of employment, ensuring that the interests of the employees were adequately protected. The Commission noted the importance of the community kindergarten sector and the need for fair and reasonable terms to ensure the sustainability and quality of early childhood education services. The Commission ultimately approved the agreement, recognising the balance achieved between the needs of the employees and the operational requirements of the kindergarten.

The final orders included the approval of the Sarina & District Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2019, which was to be registered with the Fair Work Commission. The agreement was set to commence on 1 March 2020 and would apply to all employees of the kindergarten who were covered by the agreement.

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