DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/7893)

KULILA INDIGENOUS KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER LEE	MELBOURNE, 24 FEBRUARY 2017

Application for approval of the Kulila Indigenous Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kulila Indigenous Kindergarten Early Childhood Education Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] Kulila Kindergarten Association Inc. has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have 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) 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 3 March 2017. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Independent Education Union of Australia applied for the approval of the Kulila Indigenous Kindergarten Early Childhood Education Enterprise Agreement 2015. The application was brought before the Fair Work Commission, the relevant authority to approve such agreements. The dispute centred on the provisions of the proposed agreement and whether they complied with the relevant industrial laws and principles.

The legal issues before the Commission were whether the proposed agreement met the criteria for approval, including whether it provided for the minimum terms and conditions for the employees, was free from any illegality, and complied with the principles of good faith bargaining. The Commission also needed to determine whether the agreement was in the best interests of the employees and the broader community.

The Commission found that the proposed agreement met the criteria for approval. It was satisfied that the agreement provided for the minimum terms and conditions for the employees, was free from any illegality, and complied with the principles of good faith bargaining. The Commission was also satisfied that the agreement was in the best interests of the employees and the broader community. The Commission noted that the agreement provided for a range of benefits for the employees, including improved pay and conditions, and that it included provisions for the protection of Indigenous culture and heritage.

The Commission approved the Kulila Indigenous Kindergarten Early Childhood Education Enterprise Agreement 2015. The agreement will now apply to the employees covered by it, and the parties are bound by its terms. The Commission's decision provides certainty and stability for the employees and the employer, and ensures that the agreement is in the best interests of all parties.

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