DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/7744)

WEST MORETON COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2017

Application for approval of the West Moreton Community Kindergarten Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the West Moreton 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 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. 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 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Independent Education Union of Australia, who sought approval for the West Moreton Community Kindergarten Early Childhood Education Enterprise Agreement 2016. The application was heard in the Fair Work Commission, where the union argued that the agreement met the statutory requirements for approval and was in the best interests of the employees. The primary dispute centred around whether the agreement complied with the necessary provisions under the Fair Work Act 2009, particularly focusing on the procedural fairness and the substantive fairness of the terms.

The court had to determine if the necessary procedural steps were followed in the agreement's formation and if the terms were fair and reasonable. This included examining whether the agreement provided adequate protections and benefits to the employees and if it adhered to the relevant minimum standards set out by the Fair Work Act. The court also had to consider if the agreement was made in good faith and whether it provided a safety net of minimum entitlements.

The Fair Work Commission found that the application met the procedural requirements, as the union had followed the necessary processes in reaching the agreement. The court concluded that the terms of the agreement were fair and reasonable, providing appropriate protections and benefits to the employees. The agreement was found to comply with the minimum standards and was made in good faith. The court approved the application, allowing the agreement to be registered and enforceable under the Fair Work Act.

The final orders included the approval and registration of the West Moreton Community Kindergarten Early Childhood Education Enterprise Agreement 2016, ensuring that it would govern the employment conditions of the employees within the specified enterprise. The agreement would now provide a framework for fair and reasonable terms of employment, protecting the rights and interests of both the union and the 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