CORRECTION TO DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bucasia Kindergarten Association Incorporated
(AG2015/388)

BUCASIA KINDERGARTEN ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 10 MARCH 2015

Application for approval of the Bucasia Kindergarten Enterprise Agreement 2015 - correction to replace decision in its entirety to include union coverage clause.

[1] The decision issued by Fair Work Commission on 10 March 2015 in [2015] FWCA 1511 print PR561637 is replaced in its entirety as follows.

[2] An application has been made for approval of a single enterprise agreement known as the Bucasia Kindergarten Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bucasia Kindergarten Association Incorporated.

[3] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 17 March 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application for approval of the Bucasia Kindergarten Enterprise Agreement 2015 from Bucasia Kindergarten Association Incorporated. The application was made under section 185 of the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of sections 186, 187 and 188 of the Act. Additionally, the Independent Education Union of Australia sought coverage under the agreement as a bargaining representative. The Commission had to determine whether the agreement was eligible for approval and whether it complied with the legislative requirements.

The Commission reviewed the application and the supporting material to ascertain whether the requirements of the Fair Work Act had been met. The key issues were whether the agreement was a bona fide enterprise agreement, whether it had been made in good faith, and whether it included the necessary provisions as required by the Act. Furthermore, the Commission had to determine if the agreement was to be approved as covering the Independent Education Union of Australia.

After careful consideration of the evidence and the relevant sections of the Act, the Commission found that the agreement met all the necessary criteria for approval. The agreement was bona fide, made in good faith, and included all the required provisions. The Commission also confirmed that the agreement would cover the Independent Education Union of Australia, as it had given notice under section 183 of the Act. Consequently, the Commission approved the agreement, which would come into effect on 17 March 2015, with a nominal expiry date of 31 December 2017.

The Fair Work Commission approved the Bucasia Kindergarten Enterprise Agreement 2015, which would operate from 17 March 2015, with a nominal expiry date of 31 December 2017. The agreement was deemed to cover the Independent Education Union of Australia, in accordance with section 201(2) of the Fair Work Act 2009.

BUCASIA KINDERGARTEN ENTERPRISE AGREEMENT 2015

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established