AG2011/1886, Transcript of Proceedings [2011] FWATrans 975 (5 September 2011)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 62257-1

DEPUTY PRESIDENT SAMS

AG2011/1886

s.185 - Application for approval of a single-enterprise agreement

Application by Independent Education Union of Australia
(AG2011/1886)





Sydney

9. 47AM, MONDAY, 29 AUGUST 2011

THE FOLLOWING PROCEEDINGS WERE CONDUCTED VIA TELEPHONE CONFERENCE AND RECORDED IN SYDNEY

PN1

THE DEPUTY PRESIDENT: Can I have the appearances?

PN2

MR J. SPRIGGS: Your Honour, if it please. My name is Spriggs, initial J. I appear on behalf of the Independent Education Union.

PN3

MS P. LASKOWSKI: My name is Laskowski, initial P - Pauline - and I’m appearing on behalf of the kindergarten.

PN4

THE DEPUTY PRESIDENT: Thank you. You’re the president of the - - -

PN5

MS LASKOWSKI: Employer; president of the management committee.

PN6

THE DEPUTY PRESIDENT: Thank you. Who wishes to speak to this agreement? Do you, Mr Spriggs?

PN7

MR SPRIGGS: Yes. Thank you, your Honour. This agreement is similar to a number of agreements which have been before yourself, your Honour, in relation to the coverage of community kindergartens in Queensland. We have, through these agreements, set out to ensure that all kindergartens have a federal agreement covering them and the wage rates contained in this agreement continue the comparability of wage rates between community kindergartens and the schools sector.

PN8

Your Honour, it’s our belief that the employees are advantaged by these agreements and we submit that that’s set out in the application and the comparative data contained therein. Your Honour, in light of the fact that you have looked at similar agreements in the past, I don’t know whether there’s too much extra that I need to provide to you unless you have any questions.

PN9

THE DEPUTY PRESIDENT: Yes. Thank you. This similarly provides for four per cent increases on 1 July?

PN10

MR SPRIGGS: Yes, your Honour. There are three wage increases, the most recent of which was four per cent from 1 July this year.

PN11

THE DEPUTY PRESIDENT: And they have been paid, have they?

PN12

MR SPRIGGS: That’s correct, your Honour.

PN13

THE DEPUTY PRESIDENT: All right. Ms Laskowski, do you confirm that the employer is comfortable with the agreement and happy for Fair Work Australia to approve it?

PN14

MS LASKOWSKI: Yes, we are.

PN15

THE DEPUTY PRESIDENT: Thank you. All right. Having heard the submissions of the parties and upon reviewing the terms of the approval process documentation and the terms of the agreement itself, I am satisfied that Fair Work Australia should approve this single-enterprise agreement. I note that the wage rates are far in excess of those provided for in the relevant modern award and I accept that the agreement meets the better off overall test.

PN16

The application is accompanied by a declaration of employee organisation in support of the application and a form 22, being a request for the union to be a party to the agreement, or to be covered by the agreement, and pursuant to section 201(2), I shall note that the Independent Education Union of Australia, Queensland and Northern Territory branch, shall be a party to the agreement.

PN17

In all other respects, I am satisfied the agreement should be approved by Fair Work Australia and pursuant to section 54 of the Act, the agreement shall operate seven days hence, being 5 September 2011, and have a nominal expiry date of 31 December 2011. Fair Work Australia shall issue a short decision in due course but the parties can take it that the agreement has been approved. Thank you. The matter is concluded on that basis.

PN18

MR SPRIGGS: Thank you, your Honour.

PN19

MS LASKOWSKI: Thank you.

PN20

THE DEPUTY PRESIDENT: Thank you.

<ADJOURNED INDEFINITELY [9.51AM]