DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/7696)

SARINA & DISTRICT COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2017

Application for approval of the Sarina & District Community Kindergarten Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sarina & District Community 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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 13 January 2017 and, in accordance with s.54, will operate from 20 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

The Independent Education Union of Australia sought approval of the Sarina & District Community Kindergarten Early Childhood Education Enterprise Agreement 2016. The application was brought before the Fair Work Commission, which was required to determine if the agreement met the necessary standards for approval under the Fair Work Act 2009. The legal issues central to this case involved whether the agreement adequately met the 'better off overall test' and if it complied with the procedural fairness and public interest requirements.

The Commission first considered if the agreement satisfied the 'better off overall test', which requires that the employees are no worse off financially and have at least maintained their previous entitlements. The Commission reviewed the proposed conditions and compared them to the applicable award and existing agreements. It assessed if the agreement provided for reasonable working conditions and adequate remuneration, taking into account the specific circumstances of the early childhood education sector.

Upon evaluation, the Commission found that the proposed agreement did meet the 'better off overall test' and did not disadvantage the employees. It also concluded that the agreement adhered to the necessary procedural fairness and public interest standards. Consequently, the Commission approved the Sarina & District Community Kindergarten Early Childhood Education Enterprise Agreement 2016. The approval was based on the findings that the agreement provided for fair and reasonable terms and conditions of employment, meeting the statutory requirements under the Fair Work Act 2009.

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