DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2019/418)

BULIMBA PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 MARCH 2019

Application for approval of the Bulimba Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bulimba Preschool & 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 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 11 March 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia – Queensland and Territory Branch lodged an application for the approval of the Bulimba Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2018. The application was made under section 230 of the Fair Work Act 2009. The applicant union argued that the agreement should be approved as a registered agreement, despite the fact that it did not receive 50% of the votes cast, as required by section 230(2) of the Act. The Commission was asked to consider the application under section 230(3) of the Act, which allows for the approval of an agreement even if it did not meet the 50% threshold if it is satisfied that the agreement is in the interests of the employees it covers.

The key legal issue before the Commission was whether the agreement should be approved despite not receiving the requisite 50% of the votes cast. The Commission considered the criteria set out in section 230(3) of the Act, including whether the agreement provided for fair and reasonable terms and conditions, and whether it was in the interests of the employees it covered. The Commission also considered the evidence presented by the parties regarding the level of support for the agreement among the employees and the reasons why it did not receive the requisite number of votes.

The Commission concluded that the agreement should be approved as a registered agreement. It found that the agreement provided for fair and reasonable terms and conditions, and that it was in the interests of the employees it covered. The Commission noted that the applicant union had presented evidence of a high level of support for the agreement among the employees, and that the agreement had been negotiated in good faith. The Commission also found that the reasons for the low vote were not indicative of a lack of support for the agreement, and that the agreement should be approved in the interests of the employees.

The Commission approved the Bulimba Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2018 as a registered agreement, effective from 1 January 2018. The agreement was to be registered on the Register of Approved Agreements, and would be binding on all employees covered by the agreement, regardless of whether they had voted in favour of it. The decision of the Commission was final and binding, and could not be appealed.

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