DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/6523)

MARCHANT PARK KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 2 MAY 2018

Application for approval of the Marchant Park Kindergarten Early Childhood Education Collective Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Marchant Park 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 9 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for approval of the Marchant Park Kindergarten Early Childhood Education Collective Enterprise Agreement 2017. The application was contested by the employer, who argued that certain provisions of the agreement contravened the Fair Work Act 2009. The primary legal issue for the Commission to determine was whether the provisions in question were consistent with the relevant provisions of the Act.

The Commission began its analysis by considering the nature and purpose of the provisions in dispute. It was noted that the provisions in question related to the classification of certain employees within the enterprise. The Commission then turned to the relevant statutory provisions to assess whether the classification of employees as proposed in the agreement was permissible. After a thorough examination of the evidence and submissions, the Commission concluded that the provisions did not contravene the Fair Work Act. The classification of employees as proposed in the agreement was deemed to be appropriate and in line with the legislative framework.

The Commission approved the Marchant Park Kindergarten Early Childhood Education Collective Enterprise Agreement 2017, confirming its compliance with the Fair Work Act. The employer’s objections were dismissed, and the agreement was registered with the Commission. The final orders included the registration of the agreement and a direction that the employer comply with its terms. The Commission's decision provided clarity on the classification of employees within the enterprise and affirmed the agreement's validity under the Act.

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