DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/707)

WEST CHERMSIDE C&K PRE-PREP EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 4 JUNE 2018

Application for approval of the West Chermside C&K Pre-Prep Early Childhood Education Collective Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the West Chermside C&K Pre-Prep Early Childhood Education Collective Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia. 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 11 June 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application for the approval of the West Chermside C&K Pre-Prep Early Childhood Education Collective Enterprise Agreement 2017. The parties involved were the Independent Education Union of Australia and the Catholic Education Commission Brisbane, with the dispute centering on the terms and conditions of employment for early childhood education workers within the specified institution. The application was brought before the Fair Work Commission, the body responsible for approving such agreements in Australia.

The legal issues the court had to address included whether the agreement met the requirements set out in the Fair Work Act 2009, particularly in relation to the process by which the agreement was negotiated and the extent to which it provided for the rights, obligations, and entitlements of the employees. The court also had to consider whether the agreement contained provisions that were contrary to public policy or otherwise unfair, and whether it was in the best interests of the employees.

The court's reasoning focused on the procedural fairness of the negotiation process and the substantive fairness of the agreement's terms. The commission determined that the agreement had been negotiated in good faith and that the process was procedurally fair. It also found that the terms of the agreement were not contrary to public policy and were fair and reasonable, taking into account the nature of the work and the interests of both the employees and the employer. The commission concluded that the agreement was in the best interests of the employees and approved it.

The final orders of the court included the approval of the West Chermside C&K Pre-Prep Early Childhood Education Collective Enterprise Agreement 2017, with the agreement to take effect from the date of the commission's decision. This decision ensures that the employees covered by the agreement will have their rights, obligations, and entitlements governed by the terms of the approved agreement.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established