DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/6182)

YAMANTO COMMUNITY KINDERGARTEN COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JANUARY 2018

Application for approval of the Yamanto Community Kindergarten Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Yamanto Community Kindergarten Collective 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 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Independent Education Union of Australia applied for approval of the Yamanto Community Kindergarten Collective Agreement 2017. The application was made under the Fair Work Act 2009, specifically section 234, which governs the approval of agreements by the Fair Work Commission. The dispute arose from negotiations between the union and the Yamanto Community Kindergarten over the terms and conditions of employment for kindergarten workers. The central legal issues involved whether the agreement met the criteria for approval, including whether it provided for the minimum terms and conditions as required by the Act, and whether it was genuinely negotiated.

The Fair Work Commission, in considering the application, examined the contents of the agreement against the statutory requirements. The Commission found that the agreement comprehensively covered the minimum terms and conditions as mandated by the Fair Work Act. It was also determined that the agreement was genuinely negotiated, reflecting the efforts of both parties to reach a consensus on the terms. The Commission further assessed that the agreement was fair and balanced, taking into account the interests of both the union and the employer. Consequently, the Commission approved the Yamanto Community Kindergarten Collective Agreement 2017.

In reaching its decision, the Commission highlighted several aspects of the agreement that met the statutory criteria. These included provisions on wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that these provisions were fair and reasonable, reflecting a balanced approach between the union's and the employer's objectives. The approval was based on the comprehensive nature of the agreement and its alignment with the legislative framework. The Commission's decision was definitive, endorsing the agreement as a valid and binding instrument under the Fair Work 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