DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/4154)

GAN GANI KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 19 SEPTEMBER 2016

Application for approval of the Gan Gani Kindergarten Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gan Gani 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] 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 26 September 2016. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, sought the court's approval for the Gan Gani Kindergarten Early Childhood Education Enterprise Agreement 2016. The respondent, Gan Gani Kindergarten, objected to the approval of the agreement on the basis that it did not comply with section 230 of the Fair Work Act 2009. The case was heard in the Federal Circuit Court of Australia. The primary legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, specifically in relation to the provisions governing the dismissal of employees. The court had to determine if the agreement was consistent with the provisions of the Act and if it was in the best interests of the employees.

The court considered the arguments presented by both parties and examined the provisions of the Fair Work Act. It found that the proposed agreement did not adequately address the dismissal of employees, which is a critical component of any enterprise agreement under the Act. The court noted that the agreement failed to provide a clear and fair process for the dismissal of employees, which is essential for protecting their rights and ensuring that dismissals are handled appropriately. The court concluded that the agreement did not comply with the requirements of the Act and, therefore, could not be approved. As a result, the court dismissed the application for approval of the agreement.

The court's decision was based on its finding that the proposed enterprise agreement did not meet the statutory requirements for approval. The court held that the agreement was not in the best interests of the employees as it failed to provide a fair and transparent process for the dismissal of employees. Consequently, the court dismissed the application for approval of the agreement. The court's decision underscores the importance of ensuring that enterprise agreements comply with the Fair Work Act and that they protect the rights of employees, particularly in relation to the dismissal process.

Independent Education Union of Australia

DECISION

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Background to the litigation

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Legal Principle Established