DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/7738)

LONGREACH KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 16 JANUARY 2017

Application for approval of the Longreach Kindergarten Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Longreach Kindergarten 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 the 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 was approved on 16 January 2017 and, in accordance with s.54, will operate from 23 January 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

In the Fair Work Commission, the Independent Education Union of Australia lodged an application for the approval of the Longreach Kindergarten Early Childhood Education Enterprise Agreement 2016. The agreement was the result of negotiations between the union and the Longreach Kindergarten, which operates early childhood education services in Longreach, Queensland. The primary dispute centred around the terms and conditions of employment for the employees of the kindergarten, including their remuneration, working hours, and other employment-related entitlements.

The legal issues before the Commission were whether the terms of the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was "better off overall" for the employees, contained no unfair content, and met other statutory requirements such as ensuring procedural fairness in the bargaining process. Furthermore, the Commission had to consider whether the agreement complied with the relevant minimum standards prescribed by the National Employment Standards and other applicable awards.

In its decision, the Commission meticulously examined the proposed agreement's provisions against the statutory criteria. The Commission found that the agreement provided employees with a range of benefits that were superior to the minimum standards and existing conditions. The agreement included provisions for paid parental leave, additional personal/carer’s leave, and a clear structure for shift allowances, all of which were considered advantageous for the employees. The Commission also noted that the bargaining process had been conducted fairly, with adequate opportunity for both parties to present their cases. Consequently, the Commission approved the agreement, finding it to be in compliance with all necessary legal requirements.

As a result of the approval, the Longreach Kindergarten Early Childhood Education Enterprise Agreement 2016 was ratified, setting the terms and conditions of employment for the employees of the kindergarten. This decision underscores the importance of ensuring that enterprise agreements not only meet the statutory criteria for approval but also provide tangible benefits to the employees they cover.

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