DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2018/4999)

BURLEIGH HEADS KINDERGARTEN AND PRESCHOOL EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER WILSON	MELBOURNE, 18 FEBRUARY 2019

Application for approval of the Burleigh Heads Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Burleigh Heads Kindergarten and Preschool 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] 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 referred to above, 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 an error at Clauses 4.1.3(c) and 4.1.1(e). On 31 January 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. 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 Independent Education Union of Australia – Queensland and Northern Territory Branch, 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 25 February 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the Independent Education Union of Australia – Queensland and Northern Territory Branch, which sought approval of the Burleigh Heads Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2018. The dispute centred on the application for the agreement's approval, a necessary step to formalise the terms of employment for the preschool's staff under the Fair Work Act 2009. The court's role was to determine whether the agreement complied with the legal standards set forth in the Act, including its fairness, coverage, and the manner in which it was negotiated.

The court identified several legal issues that needed resolution. The primary concern was whether the agreement met the requirements for 'simple' approval, considering it had been negotiated in good faith and the process adhered to the procedural prerequisites. Another issue was whether the agreement was fair and reasonable in its terms and conditions. The court also needed to consider whether the agreement appropriately balanced the interests of the employees and the employer, and if it provided for minimum protections as stipulated by the Fair Work Act.

In reaching its decision, the court examined the negotiation process and the contents of the agreement. It found that the agreement was negotiated in good faith and that the process met the legal standards. The court also considered the fairness of the agreement, taking into account the interests of both the employees and the employer, and determined that the agreement provided for minimum entitlements and was reasonable in its terms. Consequently, the court approved the agreement, finding it to be compliant with the requirements of the Fair Work Act. The decision affirmed the agreement's validity, allowing it to take effect and govern the employment conditions of the preschool's staff.

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