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[2010] FWAA 7889

DECISIONFair 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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[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 This Agreement NAPSA Modern AwardMinimum / fortnight $1735.37 $1253.20 $1467.34Maximum / fortnight $2765.45 $1803.10 $2050.33

Assistants:

Rates at May 2010 Maximum

This Agreement NAPSA Modern Award

No training $1294.18 $1016.40 $1114.001 year training $1385.74 $1066.00 $1364.202 years training $1507.64 $1132.00 No equivalent3 years training $1629.03 $1132.00 No equivalent

[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. It was said that the

Agreement satisfies the BOOT. I agree. 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

[2010] FWAA 7889

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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

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