DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2016/5978)

DAYBORO COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 9 DECEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Dayboro 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] 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 16 December 2016. 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 applied to the Fair Work Commission to approve the Dayboro Community Kindergarten Early Childhood Education Enterprise Agreement 2016. The agreement in question was negotiated between the union and the employer, and the union sought to have it approved as a modern award. The employer, however, raised concerns about the agreement's compliance with relevant legislation and its fairness to employees.

The central legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. The employer argued that certain provisions of the agreement were not consistent with the Act, and that the agreement failed to promote harmonious, productive, and cooperative workplace relationships. The union contended that the agreement was compliant with the Act and represented a fair and reasonable agreement.

The Commission found that the agreement was generally consistent with the Act, and that there were no provisions that were contrary to the Act. The Commission also found that the agreement was fair and reasonable, taking into account the nature of the work, the parties' bargaining power, and the broader economic environment. The employer's concerns about certain provisions were addressed and resolved, and the Commission was satisfied that the agreement promoted harmonious, productive, and cooperative workplace relationships.

The Fair Work Commission approved the Dayboro Community Kindergarten Early Childhood Education Enterprise Agreement 2016 as a modern award. The agreement now provides the terms and conditions of employment for employees of the Dayboro Community Kindergarten who are covered by the agreement. The approval of the agreement ensures that these employees have a fair and reasonable set of terms and conditions that are consistent with 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