DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/1014)

KENMORE WEST PRE SCHOOL AND KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER ROE	MELBOURNE, 20 APRIL 2017

Application for approval of the Kenmore West Pre School and Kindergarten Early Childhood Education Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kenmore West Pre School and 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 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 20 April 2017 and, in accordance with s.54, will operate from 27 April 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Independent Education Union of Australia to approve the Kenmore West Pre School and Kindergarten Early Childhood Education Enterprise Agreement 2017. The dispute centred on the specific terms of the proposed agreement, which sought to govern the employment conditions of early childhood educators within the institution. The commission was tasked with determining whether the agreement complied with the relevant legislative framework and if it adequately protected the rights and interests of the employees.

The primary legal issues revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009. Key points included whether the agreement contained all the mandated minimum terms, and if it was free from any prohibited content. Additionally, the commission needed to assess if the agreement had been genuinely negotiated between the employer and the union, and if it appropriately balanced the interests of both parties.

In delivering its decision, the commission carefully examined each provision of the agreement against the statutory standards. The commission found that the agreement did contain all the minimum terms required by law and did not include any prohibited content. Furthermore, it was determined that the agreement had been genuinely negotiated and appropriately balanced the interests of both the employer and the union. Consequently, the commission approved the agreement, finding it to be fair and compliant with the relevant legislative requirements.

The final orders of the commission were to approve the Kenmore West Pre School and Kindergarten Early Childhood Education Enterprise Agreement 2017, subject to the terms and conditions set out in the agreement. The commission's decision affirmed that the agreement met the necessary legal standards and was suitable for implementation.

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