Independent Education Union of Australia

[2016] FWCA 8658

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia

(AG2016/6359)

JESMOND EARLY EDUCATION CENTRE INC. EARLY CHILDHOOD

SERVICES AGREEMENT 2016

Educational services

COMMISSIONER GREGORY

MELBOURNE, 2 DECEMBER 2016

Application for approval of the Jesmond Early Education Centre Inc. Early Childhood

Services Agreement 2016.

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

Jesmond Early Education Centre Inc. Early Childhood Services 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

9 December 2016. The nominal expiry date of the Agreement is 12 October 2019.

COMMISSIONER

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[2016] FWCA 8658
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CaseChat Overview and Summary

The Independent Education Union of Australia lodged an application for the approval of the Jesmond Early Education Centre Inc. Early Childhood Services Agreement 2016 under section 185 of the Fair Work Act 2009. The dispute involved the approval of a single enterprise agreement, which was made between Jesmond Early Education Centre Inc. and the Independent Education Union of Australia. The court was required to determine whether the application met the necessary requirements under the Fair Work Act 2009.

The court examined whether the requirements of sections 186, 187, and 188 of the Fair Work Act 2009 were fulfilled. It was necessary to establish that the agreement was made in good faith and that the union had given notice under section 183 of the Act that it wanted the agreement to cover it. The court also needed to verify that the agreement covered the organisation in accordance with section 201(2) of the Act. The court's reasoning was based on the satisfaction that all relevant requirements had been met, leading to the conclusion that the agreement was approved.

The court granted approval for the Jesmond Early Education Centre Inc. Early Childhood Services Agreement 2016. The agreement was approved in accordance with section 54 of the Fair Work Act 2009 and would operate from 9 December 2016. The nominal expiry date of the agreement was set for 12 October 2019. This decision ensured that the agreement would be legally binding and enforceable, providing stability and clarity for both the employer and the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established