DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/7200)

LITTLE MIRACLES COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 19 DECEMBER 2016

Application for approval of the Little Miracles Community Kindergarten Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Little Miracles 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.

[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 26 December 2016. 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 matter before the Fair Work Commission involved an application for approval of the Little Miracles Community Kindergarten Early Childhood Education Enterprise Agreement 2016. The Independent Education Union of Australia was the applicant, and Little Miracles Community Kindergarten was the respondent. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement and whether it complied with the relevant legislative framework. The case was heard by the Fair Work Commission, which has jurisdiction over such matters under Australian labour law.

The primary legal issue before the Commission was whether the terms of the proposed agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "registered agreement" as defined by the Act, and if it satisfied the criteria for approval, such as being free from prohibited content and meeting the procedural requirements. The Commission also had to consider the impact of the agreement on the employees and whether it provided fair and reasonable terms and conditions of employment.

In assessing the application, the Commission examined the content of the proposed agreement in detail. It found that the agreement contained no prohibited content and complied with the procedural requirements for registration. The Commission further noted that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the early childhood education sector and the specific circumstances of the Little Miracles Community Kindergarten. The Commission was satisfied that the agreement met all the necessary criteria and approved the application, leading to the formal registration of the enterprise agreement.

The final orders of the Commission were that the Little Miracles Community Kindergarten Early Childhood Education Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009. The agreement was to come into effect from the date of registration and apply to the employees of the respondent organisation. This decision provided legal certainty for both the employer and the employees, ensuring that the terms and conditions of employment were governed by a duly registered 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