DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/5767)

MOURA COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 FEBRUARY 2018

Application for approval of the Moura Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Moura Community 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 28 February 2018 and, in accordance with s.54, will operate from 7 March 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, the Independent Education Union of Australia, sought approval of the Moura Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2017. The dispute was heard in the Fair Work Commission. The main legal issue the Commission needed to determine was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was in the public interest and whether it complied with the procedural requirements set out in the Act.

The Commission examined the agreement's provisions and found that it contained terms and conditions that were consistent with the public interest. The agreement included provisions for fair wages and working conditions for employees, as well as mechanisms for resolving disputes. The Commission also determined that the agreement had been negotiated in good faith and that the necessary procedural requirements had been met. As a result, the Commission approved the agreement, finding that it met the criteria for approval under the Act.

The Fair Work Commission approved the Moura Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2017, finding that it was in the public interest and complied with the procedural requirements of the Fair Work Act 2009. The agreement provides for fair wages and working conditions for employees and includes mechanisms for resolving disputes. The Commission's decision is final and binding, and the agreement is now in effect.

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