DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia–Queensland and Northern Territory Branch
(AG2018/6276)

VERA LACAZE MEMORIAL COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE AGREEMENT 2018

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

Application for approval of the Vera Lacaze Memorial Community Kindergarten Early Childhood Education Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Vera Lacaze Memorial Community Kindergarten Early Childhood Education Collective 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 filed an application seeking approval for the Vera Lacaze Memorial Community Kindergarten Early Childhood Education Collective Agreement 2018. The application was heard in the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009. The dispute centred on the terms of the agreement and whether they complied with the relevant provisions of the Act, particularly those concerning the process for determining the agreement and its fairness.

The court was tasked with determining whether the agreement was appropriately certified and whether the terms were fair and reasonable. This involved examining the process by which the agreement was negotiated and whether it was conducted in good faith, as well as assessing the substantive terms of the agreement against criteria such as the interests of the employees and the financial capacity of the employer. The court also needed to consider whether the agreement met the requirements for "single-interest" enterprise agreements under the Act.

The Fair Work Commission found that the agreement was certified correctly and that the negotiation process was conducted in good faith. The court concluded that the agreement was fair and reasonable, taking into account the interests of the employees and the financial capacity of the employer. The court noted that the agreement provided for appropriate protections and benefits for the employees, and that it was consistent with broader industrial standards in the sector. The Commission approved the agreement, finding that it met all statutory requirements.

The Commission's decision to approve the agreement was based on a comprehensive assessment of the negotiation process and the terms of the agreement. The court determined that the agreement was appropriate for approval and that it would serve the interests of both the employees and the employer. The Commission's decision was made in accordance with the relevant provisions of the Fair Work Act, and the agreement was approved in its entirety.

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