DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/4125)

WAVELL HEIGHTS KINDERGARTEN ASSOCIATION EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 16 SEPTEMBER 2016

Application for approval of the Wavell Heights Kindergarten Association Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wavell Heights Kindergarten Association 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 23 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 matter involved the Independent Education Union of Australia as the applicant and the Wavell Heights Kindergarten Association as the respondent. The primary dispute centred around the approval of the Wavell Heights Kindergarten Association Early Childhood Education Enterprise Agreement 2016. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal with jurisdiction over various employment-related matters. The Commission's task was to assess whether the proposed agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included determining whether the agreement satisfied the procedural requirements of section 231 of the Act, which mandates that agreements must be made in good faith and without coercion. The Commission also needed to consider whether the agreement met the substantive requirements, such as ensuring it did not provide for terms and conditions that were less favourable than those provided by the relevant award or safety net award. Additionally, the Commission examined if the agreement provided for appropriate dispute resolution mechanisms.

In its decision, the Commission found that the agreement was made in good faith and without any element of coercion. It was also determined that the agreement did not provide for terms and conditions that were less favourable than those provided by the relevant award. The Commission further noted that the agreement included appropriate mechanisms for the resolution of disputes, including the use of conciliation and arbitration. Consequently, the Commission approved the Wavell Heights Kindergarten Association Early Childhood Education Enterprise Agreement 2016, deeming it to be in compliance with the statutory requirements.

The Commission's final order was that the agreement be approved, effective from the date of the decision. This approval signified that the agreement could be implemented and enforced as a binding instrument governing the employment conditions of the relevant employees within the association.

Independent Education Union of Australia

DECISION

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Background to the litigation

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Legal Principle Established