DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/3650)

CANTERBURY COMMUNITY CHILD CARE CENTRE EARLY CHILDHOOD EDUCATORS AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the Canterbury Community Child Care Centre Early Childhood Educators Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Canterbury Community Child Care Centre Early Childhood Educators 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] 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 30 June 2016 and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Independent Education Union of Australia (the applicant) seeking approval of the Canterbury Community Child Care Centre Early Childhood Educators Agreement 2016. The application was brought before the Fair Work Commission, which had the jurisdiction to approve the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements set out in the Act, particularly in relation to its coverage, the classification of the employees, and the provisions concerning the terms and conditions of employment.

The primary legal issues before the Commission were whether the agreement was appropriately classified, whether it covered the correct scope of employees, and if it contained provisions that were compliant with the statutory requirements. The Commission had to determine if the agreement was a "modern award" as defined under the Act and if it met the specific criteria for approval. This included assessing whether the agreement adequately protected employees' rights and interests and if it complied with the statutory minimum standards set out in the Act.

In its reasoning, the Commission found that the agreement met the necessary criteria for approval. The applicant had demonstrated that the agreement was appropriately classified as a modern award and that it covered the correct scope of employees. The Commission was satisfied that the provisions of the agreement were compliant with the statutory requirements and that it provided adequate protections for the employees. Consequently, the Commission approved the agreement, recognising it as a modern award that met all the necessary legislative standards.

The final orders of the Commission were that the Canterbury Community Child Care Centre Early Childhood Educators Agreement 2016 be approved as a modern award, effective from the date of the decision. This approval meant that the agreement would now be binding on the parties and would regulate the employment terms and conditions for the employees covered by the agreement.

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