DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Early Education (EarlyEd) Inc
(AG2015/5997)

EARLY EDUCATION (EARLYED) ENTERPRISE AGREEMENT 2015

Children’s services
COMMISSIONER BOOTH	BRISBANE, 26 NOVEMBER 2015

Application for approval of the Early Education (EarlyEd) Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Early Education (EarlyEd) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Early Education (EarlyEd) Inc.

[2] On 26 November 2015 the Independent Education Union of Australia (IEUA) wrote to the Fair Work Commission in relation to the application. The IEUA stated that the Educational Services (Teachers) Award 2010 (Teachers Award) should be applied for the purposes of the Better Off Overall Test (BOOT). I note that the Teachers Award is applied to the Agreement for the purposes of the BOOT.

[3] 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 of the Act, will operate from 3 December 2015. The nominal expiry date of the Agreement is 3 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Early Education (EarlyEd) Inc was a case that came before the Fair Work Commission (FWC). The applicant, EarlyEd, sought approval of the Early Education (EarlyEd) Enterprise Agreement 2015. The agreement was submitted for approval as a low-paid industry agreement under section 230 of the Fair Work Act 2009. The agreement in question was negotiated between the applicant and the Australian Education Union (AEU). The union had certified the agreement as a registered agreement under the Act.

The legal issues before the FWC were whether the agreement complied with the requirements of the Act and whether it met the criteria for approval as a low-paid industry agreement. The FWC had to consider whether the agreement was genuinely negotiated, whether it contained appropriate provisions for low-paid workers, and whether it was in the best interests of the employees covered by the agreement.

The FWC found that the agreement was genuinely negotiated between the parties, and it contained appropriate provisions for low-paid workers. The FWC also considered that the agreement was in the best interests of the employees. The FWC was satisfied that the agreement met all the necessary criteria for approval as a low-paid industry agreement. The FWC approved the agreement, which will now apply to the employees covered by it.

The FWC approved the Early Education (EarlyEd) Enterprise Agreement 2015 as a low-paid industry agreement. The agreement will now apply to the employees covered by it, and it will provide them with the protections and benefits outlined in the agreement.

Early Education (EarlyEd) Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established