DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/7271)

CHURCH STREET KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 19 JANUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Church Street 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] The Applicant 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 26 January 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Church Street Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2016. The application was heard by the Fair Work Commission, an industrial relations tribunal with jurisdiction over federal matters. The Church Street Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2016 was a proposed collective agreement between the Independent Education Union of Australia and the Church Street Kindergarten & Preschool. The dispute arose from the union's application for the agreement to be approved and registered by the Fair Work Commission, a necessary step for the agreement to become legally binding. The Church Street Kindergarten & Preschool opposed the application, raising concerns about the agreement's provisions and its compliance with relevant laws and regulations.

The Fair Work Commission was required to determine whether the proposed agreement met the necessary criteria for approval. This involved assessing whether the agreement provided for a fair and efficient workplace, including provisions for minimum wages, penalty rates, and leave entitlements. The Commission also considered whether the agreement was genuinely negotiated and whether it complied with relevant legislation. The Church Street Kindergarten & Preschool argued that the agreement did not meet these criteria, while the union contended that it did. The Fair Work Commission found that the proposed agreement was fair and efficient and complied with relevant laws and regulations. The Commission determined that the agreement provided for reasonable wages, penalty rates, and leave entitlements and that it was genuinely negotiated. The Church Street Kindergarten & Preschool's concerns about the agreement's provisions were addressed through amendments proposed by the union. The Fair Work Commission approved and registered the Church Street Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2016, allowing it to become legally binding.

The Fair Work Commission's decision was based on its finding that the proposed agreement met the necessary criteria for approval. The Commission determined that the agreement provided for fair and efficient workplace conditions and that it was genuinely negotiated. The Church Street Kindergarten & Preschool's concerns about the agreement's provisions were addressed through amendments proposed by the union. The Fair Work Commission approved and registered the Church Street Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2016, allowing it to become legally binding. The Church Street Kindergarten & Preschool and the Independent Education Union of Australia must now abide by the terms of the agreement, which provides for wages, penalty rates, and leave entitlements for employees.

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