DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2018/6787)

WAGNER ROAD KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Children’s services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 5 MARCH 2019

Application for approval of the Wagner Road Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wagner Road Kindergarten Early Childhood Education Collective Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia–Queensland and Northern Territory Branch (IEUA). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The IEUA, 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 12 March 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia – Queensland and Northern Territory Branch sought approval of the Wagner Road Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The matter was heard by the Fair Work Commission (FWC) which was tasked with determining whether the agreement met the statutory requirements for approval. The FWC had to consider whether the agreement was made in good faith, whether it contained appropriate provisions for employee representation, and whether it complied with the relevant federal legislation.

The central legal issues before the FWC were whether the agreement adhered to the statutory framework governing enterprise agreements and whether it provided sufficient protections for the employees involved. The union argued that the agreement was a fair and reasonable reflection of the parties' negotiations, while the employer contended that certain provisions did not meet the statutory requirements. The FWC had to carefully examine the agreement to ensure it met the necessary criteria for approval.

In its decision, the FWC found that the Wagner Road Kindergarten Early Childhood Education Collective Enterprise Agreement 2018 was generally compliant with the statutory requirements. The FWC considered the evidence presented by both parties and assessed the agreement against the criteria set out in the relevant legislation. The FWC concluded that the agreement was made in good faith and contained appropriate provisions for employee representation, thereby satisfying the necessary conditions for approval.

The FWC approved the agreement subject to certain conditions and modifications to ensure full compliance with the relevant legislation. The decision was made in the context of ensuring that the agreement was fair and reasonable for both the employees and the employer, and that it met the statutory requirements for approval.

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