DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2019/422)

PEREGIAN BEACH KINDERGARTEN AND PRE-SCHOOL ASSOCIATION INC. EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 MARCH 2019

Application for approval of the Peregian Beach Kindergarten and Pre-School Association Inc. Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Peregian Beach Kindergarten and Pre-School Association Inc. 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 11 March 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia – Queensland and Northern Territory Branch sought approval of the Peregian Beach Kindergarten and Pre-School Association Inc. Early Childhood Education Collective Enterprise Agreement 2018. The dispute was heard in the Fair Work Commission, an Australian federal statutory tribunal. The Applicant argued that the agreement should be approved as it met the criteria for approval under the Fair Work Act 2009. The Respondent, Peregian Beach Kindergarten and Pre-School Association Inc., opposed the approval on the basis that the agreement did not adequately cover certain issues.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. The Applicant argued that the agreement provided for adequate consultation, allowed for flexible working arrangements, and included provisions for employee grievances and dispute resolution. The Respondent contended that the agreement did not adequately cover issues such as employee entitlements and did not provide for adequate consultation. The Commission considered the arguments of both parties and examined the contents of the agreement.

The Commission found that the agreement was in the best interests of the employees and met the requirements of the Fair Work Act. The agreement provided for adequate consultation, flexible working arrangements, and employee grievances and dispute resolution. The Commission also found that the provisions regarding employee entitlements were sufficient. The Commission approved the agreement and noted that ongoing consultation between the parties would be necessary to ensure that the agreement continued to meet the needs of the employees.

The Commission ordered that the Peregian Beach Kindergarten and Pre-School Association Inc. Early Childhood Education Collective Enterprise Agreement 2018 be approved and registered with the Fair Work Commission. The agreement would be effective from the date of registration and would apply to all employees covered by the agreement. The Commission also noted that ongoing consultation between the parties would be necessary to ensure that the agreement continued to meet the needs of the employees.

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