DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2018/6405)

ALEXANDRA-MOOLOOLABA COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Children's services
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 FEBRUARY 2019

Application for approval of the Alexandra-Mooloolaba Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Alexandra-Mooloolaba Community 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 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 5 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

The Independent Education Union of Australia, Queensland and Northern Territory Branch, sought approval of the Alexandra-Mooloolaba Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The application was heard in the Fair Work Commission, where the union argued that the agreement should be approved and registered due to the parties' satisfactory compliance with the procedural requirements of the Fair Work Act 2009. The union submitted that the agreement had been negotiated in good faith and contained all the prescribed terms and conditions.

The Commission had to determine whether the agreement had been made in accordance with the procedural requirements and whether it was appropriate to approve the agreement. In considering the procedural fairness, the Commission examined the evidence and submissions provided by both parties. The union presented evidence of the negotiation process, which included the attendance of representatives from both parties, the use of a mediator, and the signing of the agreement by the employer. The employer, on the other hand, did not provide any evidence to suggest that the agreement had not been made in accordance with the procedural requirements.

The Commission found that the union had discharged the onus of proof and that the agreement had been made in accordance with the procedural requirements of the Fair Work Act. The Commission also found that the agreement was appropriate to be approved and registered, as it contained all the prescribed terms and conditions and was in the best interests of the employees. The union's application for approval of the agreement was successful, and the agreement was registered with the Fair Work Commission.

The Fair Work Commission approved and registered the Alexandra-Mooloolaba Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The Commission found that the agreement had been made in accordance with the procedural requirements of the Fair Work Act and contained all the prescribed terms and conditions. The employer was ordered to give the union written notice of the registration of the agreement within 21 days of the decision.

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