DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/1547)

EILEEN FISHER MEMORIAL COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER WILSON	MELBOURNE, 15 MAY 2017

Application for approval of the Eileen Fisher Memorial Community Kindergarten Early Childhood Education Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Eileen Fisher Memorial Community 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Independent Education Union of Australia (IEUA) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2017. 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 sought approval of the Eileen Fisher Memorial Community Kindergarten Early Childhood Education Enterprise Agreement 2017. The respondents to the application were the employers of the employees covered by the agreement. The application was heard in the Fair Work Commission, where the union argued that the agreement should be approved as a new registered agreement. The respondents argued that the agreement should be rejected on the basis that it did not meet the requirements of the Fair Work Act.

The central issue before the Commission was whether the agreement met the necessary criteria for approval as a new registered agreement. Specifically, the Commission needed to determine whether the agreement provided for a fair and efficient system of determining wages and other conditions of employment. The Commission also needed to consider whether the agreement provided for a fair and efficient system for resolving disputes between employers and employees.

In making its decision, the Commission considered the terms and conditions of the agreement, as well as the evidence provided by both parties. The Commission found that the agreement met the necessary criteria for approval, and that it provided for a fair and efficient system for determining wages and other conditions of employment. The Commission also found that the agreement provided for a fair and efficient system for resolving disputes between employers and employees. Accordingly, the Commission approved the agreement as a new registered agreement.

The Commission's decision provides useful guidance for unions and employers seeking to negotiate and approve new enterprise agreements. It demonstrates the importance of ensuring that agreements provide for fair and efficient systems for determining wages and other conditions of employment, as well as for resolving disputes between employers and employees. The decision also highlights the need for both parties to provide evidence to support their arguments before the Commission.

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