DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia- Queensland and Northern Territory Branch
(AG2018/885)

MEMORIAL PARK COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER LEE	MELBOURNE, 13 JUNE 2018

Application for approval of the Memorial Park Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Memorial Park 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] 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 31 Dec 2021.

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, sought approval for the Memorial Park Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The application was brought before the Fair Work Commission. The primary dispute centred around the terms and conditions of employment for the early childhood educators at the Memorial Park Community Kindergarten.

The court was tasked with determining whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This included ensuring that the agreement met the criteria for being a "low paid" or "low paid casual" agreement, and that it did not unfairly disadvantage employees. Additionally, the court needed to assess whether the agreement had been fairly negotiated and if it included appropriate dispute resolution mechanisms.

The Fair Work Commission found that the proposed agreement met all necessary legal requirements. It was determined to be a low paid agreement that adequately protected the rights and interests of the employees. The commission also concluded that the agreement had been fairly negotiated and contained suitable dispute resolution processes. As a result, the commission approved the Memorial Park Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

The final orders of the commission included the approval of the agreement, which would now govern the employment conditions of the early childhood educators at the Memorial Park Community Kindergarten. This decision affirmed the importance of ensuring that collective agreements are fair, legally compliant, and adequately protect the interests of both employers and employees.

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