DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2018/3702)

BLUE SKIES PRE-SCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER BISSETT	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the Blue Skies Pre-School & Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Blue Skies Pre-School & 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] 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 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 Independent Education Union of Australia - Queensland and Northern Territory Branch made an application for the approval of the Blue Skies Pre-School & Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The Fair Work Commission was the body before which the application was made.

The central issue before the Commission was whether the proposed enterprise agreement was genuinely negotiated and whether it contained the minimum terms and conditions of employment required by the Fair Work Act 2009. Additionally, the Commission needed to consider whether the agreement provided appropriate protections for employees and whether it complied with the relevant provisions of the Act.

The Commission determined that the proposed enterprise agreement was genuinely negotiated and met the minimum terms and conditions required by the Act. It found that the agreement contained appropriate protections for employees and complied with the relevant provisions of the Act. The Commission approved the Blue Skies Pre-School & Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

The Commission made an order approving the Blue Skies Pre-School & Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The order came into effect on the date of the Commission's 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