DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/388)

CORINDA CHRISTIAN KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2017

Application for approval of the Corinda Christian Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2016.

[1] On 13 February 2017 Independent Education Union of Australia (Applicant) made an application for approval of the Corinda Christian Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 April 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

In the Fair Work Commission, the Independent Education Union of Australia, on behalf of certain employees, applied for the approval of the Corinda Christian Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2016. The application was contested by Corinda Christian Kindergarten & Preschool, the employer. The dispute centred on the terms and conditions of employment for the early childhood education staff under the proposed agreement.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and if it was free from prohibited content. The Commission also considered if the agreement complied with the relevant minimum standards and if the bargaining process adhered to procedural fairness.

The Commission found that the agreement was fair and reasonable and contained no prohibited content. It met the statutory requirements for approval, including the provision of fair remuneration and reasonable working conditions. The Commission was satisfied that the agreement was the product of genuine collective bargaining and was in compliance with the relevant minimum standards. The procedural fairness of the bargaining process was also upheld.

The Fair Work Commission approved the Corinda Christian Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered and would apply to the relevant employees for the specified period.

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