DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/6825)

JACARANDA STREET COMMUNITY PRESCHOOL AND KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 6 DECEMBER 2016

Application for approval of the Jacaranda Street Community Preschool and Kindergarten Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Jacaranda Street Community Preschool and 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 was approved on 6 December 2016 and, in accordance with s.54, will operate from 13 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

In the Fair Work Commission, the Independent Education Union of Australia lodged an application for approval of the Jacaranda Street Community Preschool and Kindergarten Early Childhood Education Enterprise Agreement 2016. The respondent, Jacaranda Street Community Preschool and Kindergarten, opposed the application on the grounds that it had not been fairly negotiated, lacked proper consultation, and contained provisions that were inconsistent with the Fair Work Act 2009. The case centred on whether the agreement complied with the requirements for fair negotiation and whether it contained mandatory terms that were not in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it contained provisions that were inconsistent with the overarching principles of the Fair Work Act. The Commission examined the evidence provided by both parties to determine if the agreement was fairly negotiated and whether it included mandatory terms that were not in the best interests of the employees. The Commission also considered if the agreement met the criteria for approval under section 234 of the Fair Work Act.

The Commission found that while there were procedural issues in the negotiation process, the overall agreement was still fair and met the requirements for approval. The Commission determined that the agreement contained provisions that were in the best interests of the employees, despite some concerns raised by the respondent. The Commission concluded that the agreement was fair and should be approved, as it provided for reasonable terms and conditions of employment and was consistent with the principles of the Fair Work Act. The application was approved, and the agreement was registered.

The final orders of the Commission included the approval and registration of the Jacaranda Street Community Preschool and Kindergarten Early Childhood Education Enterprise Agreement 2016, with the understanding that any procedural issues identified would be addressed in future negotiations. The Commission emphasised the importance of proper consultation and negotiation processes to ensure that agreements are genuinely negotiated and in the best interests of all parties involved.

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