DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch T/A Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2018/6336)

JACARANDA STREET COMMUNITY PRESCHOOL AND KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER LEE	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the Jacaranda Street Community Preschool and Kindergarten Early Childhood Education Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Jacaranda Street Community Preschool and Kindergarten Early Childhood Education Collective Agreement 2019 (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 T/A 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 22 February 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia – Queensland and Northern Territory Branch T/A Independent Education Union of Australia – Queensland and Northern Territory Branch applied for the approval of the Jacaranda Street Community Preschool and Kindergarten Early Childhood Education Collective Agreement 2019. The dispute arose from disagreements over the terms and conditions of employment for early childhood educators and workers within the Jacaranda Street Community Preschool and Kindergarten. The case was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed collective agreement complied with the Fair Work Act 2009, and if it adequately addressed the rights, obligations, and protections of the employees. This included scrutinising provisions related to employment conditions, dispute resolution mechanisms, and compliance with minimum wage standards. The Commission also considered whether the agreement was negotiated in good faith and whether it provided fair and reasonable outcomes for both parties.

The Fair Work Commission found that the collective agreement largely met the statutory requirements and was negotiated in good faith. The Commission acknowledged the efforts made by both parties to reach an agreement that balanced the needs and interests of the employees with the operational requirements of the preschool. After reviewing the evidence and submissions, the Commission concluded that the proposed agreement provided fair and reasonable outcomes for the employees. Therefore, the Commission approved the Jacaranda Street Community Preschool and Kindergarten Early Childhood Education Collective Agreement 2019.

Independent Education Union of Australia – Queensland and Northern Territory Branch T/A 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