DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/5749)

CHARLEVILLE KINDERGARTEN ASSOCIATION INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2016

Application for approval of the Charleville Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Charleville Kindergarten Association Inc 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 was approved on 26 October 2016 and, in accordance with s.54, will operate from 2 November 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 case involved the Independent Education Union of Australia, which sought approval for the Charleville Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2016. The application was made to the Fair Work Commission, which is responsible for approving such agreements under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the provisions of the Act and whether it met the relevant criteria for approval.

The Commission examined the agreement to determine if it covered the required minimum terms and conditions, and if it was made in good faith and without coercion. It was also necessary to consider if the agreement provided for a proper dispute resolution process and if it had been appropriately notified to relevant parties. After careful consideration, the Commission found that the agreement met all the necessary criteria and was in the best interests of the employees and the employer.

The Commission approved the agreement, noting that it contained provisions that were better than the minimum standards set out in the relevant award. The agreement provided for fair and reasonable terms and conditions of employment, and included appropriate dispute resolution mechanisms. The Commission was satisfied that the agreement was made in good faith and without coercion, and that it was in the best interests of both the employees and the employer. As a result, the application for approval was successful.

The Fair Work Commission approved the Charleville Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2016, finding that it met all the necessary criteria under the Fair Work Act 2009. The agreement was found to provide for terms and conditions of employment that were at least equal to the minimum standards set out in the relevant award, and included appropriate dispute resolution mechanisms. The Commission was satisfied that the agreement was made in good faith and without coercion, and that it was in the best interests of both the employees and the employer. The approval of the agreement ensures that the employees of the Charleville Kindergarten Association Inc will continue to receive fair and reasonable terms and conditions of employment.

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