DECISION

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

Coolum Beach Community Pre School and Kindergarten Assocation Inc T/A Coolum Beach Community Kindergarten and Pre School
(AG2014/10267)

COOLUM COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

Application for approval of the Coolum Community Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Coolum Community Kindergarten Early Childhood Education Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Coolum Beach Community Pre School and Kindergarten Assocation Inc T/A Coolum Beach Community Kindergarten and Pre School.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 22 January 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 case involves an application for approval of a single enterprise agreement by the Coolum Beach Community Pre School and Kindergarten Association Inc, trading as Coolum Beach Community Kindergarten and Pre School. The application was made under section 185 of the Fair Work Act 2009 for the approval of the Coolum Community Kindergarten Early Childhood Education Enterprise Agreement 2015. The Independent Education Union of Australia, acting as a bargaining representative, indicated that it wanted the agreement to cover it.

The legal issues before the court were whether the application met the requirements under sections 186, 187, and 188 of the Fair Work Act 2009, and whether the agreement was validly covered by the union. The court had to ensure that the agreement was appropriately negotiated, that all parties were adequately represented, and that the agreement met the criteria for approval under the Act.

The court found that the application satisfied the necessary conditions for approval under the Act. The Independent Education Union of Australia had properly notified the court of its intention for the agreement to cover it, and the agreement itself met all the relevant statutory requirements. Consequently, the court approved the agreement, which will operate from 22 January 2015 until its nominal expiry date of 31 December 2017.

Coolum Beach Community Pre School and Kindergarten Assocation Inc T/A Coolum Beach Community Kindergarten and Pre School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established