DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/6003)

C & K FORESTVIEW COMMUNITY KINDERGARTEN AND PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 30 APRIL 2018

Application for approval of the C & K Forestview Community Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the C & K Forestview Community Kindergarten and Preschool Early Childhood Education 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 the 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 7 May 2018. The nominal expiry date of the Agreement is 30 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Independent Education Union of Australia, the applicant sought approval of the C & K Forestview Community Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2017. The matter was heard by the Fair Work Commission, which is the body responsible for regulating employment agreements in Australia. The applicant, on behalf of the employees, and the respondent, the employer, were in dispute over the terms of the proposed agreement, which aimed to establish the conditions of employment for early childhood educators within the kindergarten and preschool.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The Commission had to determine whether the agreement met the requirements for a 'single interest employer agreement' as defined by the Act, which mandates that the agreement must cover all employees within the enterprise who are not covered by another agreement. Additionally, the Commission needed to ensure that the agreement did not contain any terms that were contrary to public policy or were otherwise unenforceable.

The Fair Work Commission found that the proposed agreement met the statutory requirements for a single interest employer agreement. It covered all eligible employees within the enterprise and did not contain any terms that were contrary to public policy or otherwise unenforceable. The Commission was satisfied that the agreement provided fair and reasonable terms for the employees, taking into account the nature of the work and the context of the early childhood education sector. Consequently, the Commission approved the agreement, allowing it to come into effect as of the date specified in the application.

The Fair Work Commission's decision was made in favour of the applicant, and the C & K Forestview Community Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2017 was approved. This outcome ensures that the employees within the kindergarten and preschool will be governed by the terms of the agreement, providing them with fair and reasonable conditions of employment. The decision also serves as a precedent for similar agreements in the early childhood education sector, demonstrating the Commission's approach to assessing the validity of enterprise agreements.

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