DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/5826)

TANNUM SANDS KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JANUARY 2018

Application for approval of the Tannum Sands Kindergarten Early Childhood Education Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tannum Sands 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement lodged contained an error at Schedule 1A. On 25 January 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] 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 Independent Education Union of Australia lodged an application for the approval of the Tannum Sands Kindergarten Early Childhood Education Enterprise Agreement 2017. The application was brought before the Fair Work Commission. The key issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained all the mandated minimum terms and conditions, and if it had been made in good faith and without any contravention of the Act.

The Commission examined the agreement's provisions against the Fair Work Act and the Fair Work Regulations. It assessed whether the agreement provided for minimum entitlements such as minimum wages, penalty rates, leave entitlements, and other conditions as stipulated by the Act. Additionally, the Commission considered if the agreement had been made in good faith and whether it complied with the requirements for the approval of enterprise agreements. The Commission found that the agreement contained all the mandated minimum terms and conditions and had been made in good faith. It also confirmed that the agreement did not contravene any provisions of the Act.

Based on its findings, the Commission approved the Tannum Sands Kindergarten Early Childhood Education Enterprise Agreement 2017. The approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable under the Fair Work Act. The decision reinforces the importance of adhering to statutory requirements when drafting and approving enterprise agreements to ensure they provide for the mandated minimum entitlements and are made in good faith.

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