DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cooroy Community Kindergarten Inc
(AG2016/1245)

COOROY COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2016

Application for approval of the Cooroy Community Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cooroy Community Kindergarten Early Childhood Education Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cooroy Community Kindergarten Inc. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Cooroy Community Kindergarten Early Childhood Education Enterprise Agreement 2014. The applicant was Cooroy Community Kindergarten Inc, while the respondent was the Australian Education Union Queensland. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the applicant sought to confirm that the agreement was fairly and genuinely negotiated and covered all employees within the designated bargaining unit.

The court was required to determine if the agreement was appropriately negotiated and if it satisfied the statutory requirements for approval. This involved scrutinising the negotiation process to ensure it was genuine and if the terms of the agreement were fair. Additionally, the court had to verify that the agreement met the criteria for being a single, concise, and written agreement, as mandated by the legislation. The court's role was to ensure that the agreement provided adequate protection for the employees and that it was not detrimental to the public interest.

After a thorough review, the Fair Work Commission found that the Cooroy Community Kindergarten Early Childhood Education Enterprise Agreement 2014 was fairly and genuinely negotiated. The commission confirmed that the agreement contained all the necessary elements and met the statutory requirements for approval. The court was satisfied that the agreement provided adequate protections for the employees and did not pose any detriment to the public interest. Consequently, the application for approval was successful.

The final orders of the commission were that the Cooroy Community Kindergarten Early Childhood Education Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. This decision effectively formalised the terms of the agreement, ensuring that it would be binding on all parties involved.

Cooroy Community Kindergarten Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established