DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/7235)

WAIPA KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 24 JANUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Waipa Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2016 (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] 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 is approved and, in accordance with s.54 of the Act, will operate from 31 January 2017. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Independent Education Union of Australia as the applicant seeking approval for the Waipa Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2016. The respondent, Waipa Kindergarten & Preschool Early Childhood Education, contested the application on several grounds, primarily related to compliance with minimum wage standards and the process of agreement. The Commission was tasked with determining whether the agreement met the necessary legal requirements for approval and implementation.

The key legal issues revolved around whether the agreement complied with the Fair Work Act 2009, specifically concerning the setting of minimum wages and conditions, and whether the process of reaching the agreement was fair and reasonable. The Commission needed to assess if the agreement provided for a fair and reasonable rate of pay and conditions, and if the agreement was made in good faith. Additionally, the Commission had to consider whether the agreement adequately protected the rights of employees, including those who were not members of the union.

In its decision, the Fair Work Commission found that the Waipa Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2016 was compliant with the relevant provisions of the Fair Work Act. The Commission determined that the agreement provided for a fair and reasonable rate of pay and conditions, and was made in good faith. The Commission also found that the process of reaching the agreement was fair and reasonable, and that the agreement adequately protected the rights of employees. Consequently, the Commission approved the application for the agreement's registration, allowing it to be implemented as a legally binding enterprise agreement.

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