DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/6156)

YEPPOON & DISTRICT KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JANUARY 2018

Application for approval of the Yeppoon & District Kindergarten Early Childhood Education Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Yeppoon & District Kindergarten 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 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 25 January 2018 and, in accordance with s.54, will operate from 1 February 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 matter before the Fair Work Commission involved an application by the Independent Education Union of Australia to approve the Yeppoon & District Kindergarten Early Childhood Education Enterprise Agreement 2017. The application sought to ensure that the proposed agreement met the necessary standards under the Fair Work Act 2009 and adequately represented the interests of the employees within the specified enterprise.

The primary legal issues revolved around whether the agreement provided for appropriate minimum rates of pay, conditions, and entitlements that were no less favourable than those provided for in the relevant modern awards. The court needed to determine if the proposed agreement met the statutory requirements and if it was fair and reasonable in terms of its provisions and negotiation process.

In examining the agreement, the Commission considered various factors, including the bargaining process, the nature of the agreement, and its compliance with statutory provisions. The Commission noted the union's representation of employees and the fairness of the negotiated terms. Ultimately, the Commission found that the agreement was made in good faith and met the necessary criteria for approval under the Fair Work Act. The Commission approved the Yeppoon & District Kindergarten Early Childhood Education Enterprise Agreement 2017, confirming its compliance with the relevant legislative requirements.

The Fair Work Commission approved the Yeppoon & District Kindergarten Early Childhood Education Enterprise Agreement 2017, effective from the date of the decision. The agreement was deemed to provide for fair and reasonable terms and conditions of employment for the employees within the enterprise.

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