DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/6894)

UPPER MOUNT GRAVATT KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 8 DECEMBER 2016

Application for approval of the Upper Mount Gravatt Kindergarten Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Upper Mount Gravatt 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.

[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 15 December 2016. 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 Independent Education Union of Australia sought approval of the Upper Mount Gravatt Kindergarten Early Childhood Education Enterprise Agreement 2016. The matter was heard in the Fair Work Commission, where the Union argued that the agreement met all requirements under the Fair Work Act 2009. The key issues before the Commission were whether the agreement contained all the prescribed minimum terms and conditions as required by section 235 of the Act and whether the agreement was made in good faith and without coercion as per section 231.

The Commission examined the contents of the agreement, noting that it included all the necessary minimum terms and conditions, such as pay rates, hours of work, and leave provisions. The Commission also found that the agreement was made in good faith and without coercion, based on the evidence provided by both parties. The Union demonstrated that the agreement was negotiated fairly and that there was no undue pressure exerted on the employees to accept the terms. After thorough consideration, the Commission approved the agreement, determining that it complied with the requirements of the Fair Work Act.

The Commission's decision was based on the evidence presented and the legal standards set out in the Act. The Union's argument was supported by the comprehensive nature of the agreement and the process through which it was negotiated. The final orders of the Commission were that the Upper Mount Gravatt Kindergarten Early Childhood Education Enterprise Agreement 2016 be approved and registered with the Fair Work Commission, effective from the date of the decision. This outcome ensures that the agreement will govern the employment conditions of the kindergarten staff in accordance with the legal framework.

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