DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KU Children’s Services
(AG2019/1215)

KU CHILDREN’S SERVICES - TEACHERS ENTERPRISE AGREEMENT 2019

Children’s services
COMMISSIONER MCKINNON	MELBOURNE, 9 MAY 2019

Application for approval of the KU Children’s Services - Teachers Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the KU Children’s Services - Teachers Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by KU Children’s Services.

[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 and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 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

In the Fair Work Commission, KU Children's Services and the Early Childhood Education and Care Union of Unions brought an application for the approval of the KU Children's Services - Teachers Enterprise Agreement 2019. The applicants sought to have the agreement approved as a safety net agreement, in accordance with the relevant provisions of the Fair Work Act 2009. The agreement sought to regulate the terms and conditions of employment for teachers within the KU Children's Services, covering matters such as pay rates, hours of work, leave entitlements, and dispute resolution mechanisms. The central legal issues revolved around whether the agreement met the criteria for safety net approval, specifically whether it provided minimum terms and conditions that were no less favourable than those provided by the relevant modern awards.

The Commission carefully examined the terms of the agreement against the criteria set out in the Fair Work Act. It considered whether the agreement provided for minimum terms and conditions that were no less favourable than the relevant modern awards and whether it covered all the mandatory topics prescribed by the Act. The Commission noted that the agreement provided for pay rates and other conditions that were consistent with, or in some cases better than, those provided by the relevant modern awards. It also found that the agreement covered all the mandatory topics and included provisions for dispute resolution. After considering the evidence and submissions from both parties, the Commission was satisfied that the agreement met the criteria for safety net approval.

Consequently, the Commission approved the KU Children's Services - Teachers Enterprise Agreement 2019 as a safety net agreement. The approval ensures that the agreement will provide a safety net of minimum terms and conditions for teachers employed by KU Children's Services, protecting them from unfair and exploitative employment practices. The decision provides clarity and certainty for both employers and employees, ensuring that the agreement will operate as intended and provide a fair and reasonable framework for the regulation of employment within the sector.

KU Children’s Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established