[2010] FWAA 7889
DECISION Fair Work Act 2009 s 185—Approval of enterprise agreement
Independent Education Union of Australia (AG2010/14618)
HEADSTART KINDERGARTEN AND PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2010 Educational services DEPUTY PRESIDENT SAMS
SYDNEY, 12 OCTOBER 2010
Application for approval of the Headstart Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2010. [1]
This is an application, pursuant to s 185 of the Fair Work Act 2009 (‘the Act’) lodged
by the Independent Education Union of Australia - Queensland and Northern Territory Branch (‘the Union’) for the approval of Fair Work Australia (FWA) of a single-enterprise agreement known as the Headstart Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2010 (‘the Agreement’). [2]
The employer is in the early childhood education industry in Townsville, Queensland.
This application is unusual in that it is lodged by the Union, although all the requisite approval process documentation (Form 17) has been filed by the employer, the Headstart Kindergarten and Preschool Incorporated. The Union has also filed a Declaration in Support of the Application (Form 18) and a Notice Seeking to be covered by the Agreement (Form 22). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. [3]
The Agreement is to cover three early childhood teachers and assistants and was made
following a unanimous vote of them on 2 September 2010. The Agreement was lodged on 10 September 2010, thereby satisfying the requirements of s 185(3) of the Act.
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[2010] FWAA 7889
[4]
In the Employer’s Declaration in Support of the Application (Form 17) signed by Ms
Esther Illin, the relevant reference instrument for the purposes of the Better Off Overall Test (BOOT) was said to be the Early Childhood Education Award 2003 [AN140100], the Educational Services (Teachers) Award 2010 [MA000077] and the Children’s Services Award 2010 [MA000120].
[5]
The Agreement provides for some less beneficial terms and some more beneficial
terms than the reference instruments; for example, the wages are significantly higher as the following tables demonstrate: Teachers Rates at May 2010 Minimum / fortnight Maximum / fortnight
This Agreement $1735.37 $2765.45
NAPSA $1253.20 $1803.10
Modern Award $1467.34 $2050.33
NAPSA
Modern Award
$1016.40 $1066.00 $1132.00 $1132.00
$1114.00 $1364.20 No equivalent No equivalent
Assistants: Rates at May 2010 This Agreement Maximum No training $1294.18 1 year training $1385.74 2 years training $1507.64 3 years training $1629.03 [6]
In addition, the Agreement provides for a 4.5% wage increase from 1 July 2009 which
has already been paid and a further 4% wage increase from 1 July 2010. There are also improvements in superannuation and additional pupil free days. Agreement satisfies the BOOT.
I agree.
It was said that the
The Agreement provides for the mandatory
flexibility and consultation terms at cl 1.10 and 3.5 respectively and a dispute resolution clause (1.8) provides for consent arbitration by FWA. [7]
At a hearing of the application on 29 September 2010, Mr P Vaughan appeared for the
Union. He relied on his colleague Mr J Spriggs’ explanation of the funding arrangements for childcare centres in Queensland and the background to the Union’s recent negotiations in the industry in The Pioneer Community Pre-school and Kindergarten Early Childhood Education Enterprise Agreement 2010 [PR500340]. Mr Vaughan confirmed that the Agreement meets
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[2010] FWAA 7889
the BOOT and is, in all other respects, compliant with the Act. Mr S Anderson who appeared for the Pre-School, supported the Union’s submissions. [8]
Having heard the submissions of the parties and upon reviewing the terms of the
approval process documentation and the Agreement itself, I am well satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single-enterprise agreement known as the Headstart Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2010. Pursuant to s 54 of the Act, the Agreement shall operate from 6 October 2010 and have a nominal expiry date of 31 December 2010.
DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code {G}, AE881448 PR502634>
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