DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/5698)

TOOGOOLAWAH KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JANUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Toogoolawah 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.

[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 case involves the Independent Education Union of Australia and concerns the application for the approval of the Toogoolawah Kindergarten Early Childhood Education Enterprise Agreement 2017. The matter was heard by the Fair Work Commission, which is tasked with approving, rejecting, or varying enterprise agreements. The union submitted the agreement for approval, and the employer, Toogoolawah Kindergarten, supported the application.

The central legal issue before the Commission was whether the agreement met all the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was fairly negotiated, provided for a fair and reasonable remuneration and terms and conditions, and adhered to the procedural requirements for submission and approval. The union argued that the agreement was fairly negotiated and contained fair and reasonable terms and conditions. The employer, in turn, supported the union's arguments.

In reaching its decision, the Commission examined the negotiation process, the terms of the agreement, and whether the agreement met the statutory criteria. The Commission noted that the agreement was negotiated in good faith and that the terms and conditions were fair and reasonable. The union presented evidence that the agreement had been negotiated with the employer's full participation, and that the terms were consistent with those in similar agreements. The Commission was satisfied that the procedural requirements for submission and approval had been met. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Toogoolawah Kindergarten Early Childhood Education Enterprise Agreement 2017, finding that it was fairly negotiated and contained fair and reasonable terms and conditions. The Commission also found that the procedural requirements for submission and approval had been met. This decision provides clarity for the parties involved and establishes a benchmark for similar agreements in the early childhood education sector.

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