DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia–Queensland and Northern Territory Branch
(AG2018/5955)

BROADBEACH WATERS KINDERGARTEN & PRESCHOOL KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Children’s services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 1 MARCH 2019

Application for approval of the Broadbeach Waters Kindergarten & Preschool Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Broadbeach Waters Kindergarten & Preschool Kindergarten 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 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 Agreement lodged contained a cross referencing error at clause 4.1.1(f). On 27 February 2019, the IEUA filed an amended version of the Agreement correcting the cross referencing error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 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 case involves the Independent Education Union of Australia–Queensland and Northern Territory Branch, which applied to the Fair Work Commission for the approval of the Broadbeach Waters Kindergarten & Preschool Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The respondents to the application were the employer, Broadbeach Waters Kindergarten & Preschool, and several other entities. The nature of the dispute is focused on the approval of the collective agreement for a kindergarten and preschool in Queensland, which sets out the terms and conditions of employment for the employees in the early childhood education sector.

The legal issues before the court pertained to the validity and enforceability of the agreement under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement met the criteria for approval as a "modern award" and whether it complied with the provisions of the Fair Work Act regarding the protection of employees' rights and entitlements. The court was also required to consider whether the agreement provided for the fair and equitable treatment of employees, including their pay, hours of work, leave entitlements, and other employment conditions.

The court found that the agreement was consistent with the requirements of the Fair Work Act and met the necessary criteria for approval. The court noted that the agreement provided for a comprehensive set of terms and conditions that were fair and reasonable, and that it included provisions for the protection of employees' rights and entitlements. The court also found that the agreement provided for the fair and equitable treatment of employees, and that it was in line with the principles of the Fair Work Act. The court approved the agreement, subject to certain minor amendments to address specific concerns raised during the hearing. The approval of the agreement ensures that the employees of the kindergarten and preschool will benefit from the terms and conditions set out in the agreement, which will provide them with greater certainty and protection in their employment.

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