DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/276)

NAMBOUR COMMUNITY PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	MELBOURNE, 17 MAY 2018

Application for approval of the Nambour Community Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nambour Community Preschool & Kindergarten 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 24 May 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Independent Education Union of Australia, sought approval for the Nambour Community Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2017 from the Fair Work Commission. The dispute involved the application for approval of this agreement, which governs the employment terms and conditions for early childhood education employees at Nambour Community Preschool & Kindergarten. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act. This included whether the agreement provided for a fair and efficient workplace, and whether it was free from any undue coercion or harassment. The Commission had to consider the submissions from the parties and assess if the agreement complied with the provisions concerning minimum entitlements and the balance of rights and obligations.

The Commission found that the agreement was generally in line with the requirements of the Fair Work Act. The terms provided for fair and efficient workplaces, and the Commission was satisfied that the agreement was not affected by any undue coercion or harassment. The Commission approved the agreement, noting that while there were some areas for improvement, the overall balance of rights and obligations was fair. The agreement was thus deemed to meet the statutory criteria for approval.

The Fair Work Commission approved the Nambour Community Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2017. The Commission's decision was based on the assessment that the agreement provided for fair and efficient workplaces and was free from undue coercion or harassment. This approval ensures that the terms and conditions of employment for the early childhood education employees at Nambour Community Preschool & Kindergarten are legally recognised and enforceable.

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