DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/6808)

ALMA STREET PRE PREP EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 7 DECEMBER 2016

Application for approval of the Alma Street Pre Prep Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Alma Street Pre Prep Early Childhood Education Enterprise Agreement 2015 (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 was approved on 7 December 2016 and, in accordance with s.54, will operate from 14 December 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia filed an application seeking the approval of the Alma Street Pre Prep Early Childhood Education Enterprise Agreement 2015, before the Fair Work Commission. The Alma Street Pre-Prep Early Childhood Education Centre, its employees, and the union were the parties involved in the dispute. The union argued that the proposed agreement should be approved as it was fairly negotiated and met the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was genuinely negotiated, whether it was in the best interests of the employees, and whether it met the standards set out in the Fair Work Act. The union submitted that the agreement was fairly negotiated and beneficial for the employees. The employer, on the other hand, argued that certain provisions did not meet the legal standards for approval.

The Commission found that the agreement was genuinely negotiated and was in the best interests of the employees. The Commission also determined that the agreement met all the legal requirements for approval. The agreement included provisions for wages, conditions of employment, and other matters that were considered fair and reasonable. The Commission approved the Alma Street Pre-Prep Early Childhood Education Enterprise Agreement 2015, subject to certain conditions. The employer was directed to implement the agreement and comply with its terms. The union was also directed to inform its members of the approved agreement and its conditions.

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