DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia- Queensland and Northern Territory Branch
(AG2018/4683)

TINGALPA AND DISTRICT KINDERGARTEN ASSOCIATION INC. EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER BISSETT	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the Tingalpa and District Kindergarten Association Inc. Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tingalpa and District Kindergarten 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] 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 filed an application for the approval of the Tingalpa and District Kindergarten Association Inc. Early Childhood Education Collective Enterprise Agreement 2018 with the Fair Work Commission. The dispute centred around the negotiation, content, and approval of the enterprise agreement which governs the terms and conditions of employment for early childhood education workers within the Tingalpa and District Kindergarten Association Inc.

The primary legal issues before the court were whether the agreement had been fairly and genuinely negotiated, if it complied with the necessary provisions of the Fair Work Act 2009, and whether it met the criteria for approval under the Act. Furthermore, the court needed to consider if the agreement adequately protected the interests of both the employees and the employer, and if it complied with relevant national employment standards.

The Fair Work Commission examined the negotiation process and found it to be genuine and in good faith. The Commission also determined that the agreement was compliant with the Fair Work Act 2009 and met the necessary criteria for approval. The agreement was found to be fair and balanced, protecting the interests of both the employees and the employer. Furthermore, the agreement was found to comply with the relevant national employment standards. As a result, the Fair Work Commission approved the Tingalpa and District Kindergarten Association Inc. Early Childhood Education Collective Enterprise Agreement 2018. The approval was effective from the date of the decision and remained in place until superseded by a new agreement or until terminated in accordance with the Fair Work Act 2009.

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