Independent Education Union of Australia

[2018] FWCA 424

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2017/3765)

Broadbeach Kindergarten Early Childhood Education Enterprise Agreement 2017

Educational services
Commissioner Harper-Greenwell	MELBOURNE, 19 JANUARY 2018

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

An application has been made for approval of an enterprise agreement known as the Broadbeach 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.

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.

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.

The Agreement was approved on 19 January 2018 and, in accordance with s.54, will operate from 26 January 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for the approval of the Broadbeach Kindergarten Early Childhood Education Enterprise Agreement 2017. The respondent, Broadbeach Kindergarten Pty Ltd, objected to the application, arguing that the agreement did not meet the statutory requirements for approval. The matter was heard in the Full Bench of the Fair Work Commission, which needed to determine whether the agreement was compliant with the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement was in writing, whether it had been negotiated in good faith, and whether it contained certain prescribed terms. The court also needed to determine whether the agreement complied with the statutory minimum standards set out in the National Employment Standards.

The court found that the agreement met all the statutory requirements for approval. The agreement was in writing, had been negotiated in good faith, and contained all the prescribed terms. The court also found that the agreement complied with the statutory minimum standards, including the National Employment Standards. The court rejected the respondent's objections and approved the agreement. The union's application was successful, and the agreement was approved as a registered agreement under the Fair Work Act 2009.

The court's final order was that the Broadbeach Kindergarten Early Childhood Education Enterprise Agreement 2017 be approved as a registered agreement under section 179 of the Fair Work Act 2009. The agreement was to be registered on the Register of Approved Agreements and would have effect from the date of registration. The court also ordered that the agreement would be binding on all parties covered by the agreement, including the employer, employees, and the union.

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