DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/5568)

MIRAMBEENA CHILDREN’S CENTRE EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 20 SEPTEMBER 2016

Application for approval of the Mirambeena Children’s Centre Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mirambeena Children’s Centre 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 the Independent Education Union of Australia. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 27 September 2016. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia filed an application seeking approval of the Mirambeena Children’s Centre Early Childhood Education Enterprise Agreement 2015. The Mirambeena Children’s Centre is an early childhood education and care service in Queensland, and the agreement in question pertains to the employment terms and conditions of the centre's staff. The dispute centred on whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement contained the mandated minimum terms and conditions, if it was free from prohibited content, and whether the process through which it was negotiated and agreed upon was procedurally fair. The Commission also needed to consider whether the agreement satisfied the requirements for being a "single, integrated agreement" and whether it complied with the public interest considerations under the Act.

The Commission examined the agreement clause by clause, determining that it did indeed incorporate all the minimum terms and conditions required by the Fair Work Act. The Commission further found that the agreement did not contain any prohibited content and that the process through which it was negotiated was procedurally sound. The agreement was deemed to be a single, integrated document that comprehensively covered all aspects of the employment relationship without any gaps or overlaps. Additionally, the Commission was satisfied that the agreement was in the public interest and did not adversely affect the broader community.

In light of these findings, the Commission approved the Mirambeena Children’s Centre Early Childhood Education Enterprise Agreement 2015, effective from the date of the decision. The approval ensures that the agreement will provide a legally binding framework for the employment conditions of the centre’s staff, reflecting the terms agreed upon by the parties and validated by the Commission.

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