DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/1297)

CALLIOPE KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 30 JUNE 2016

Application for approval of the Calliope Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Calliope Kindergarten & Preschool 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] 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 7 July 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

The Independent Education Union of Australia sought approval of the Calliope Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2016. The applicant argued that the agreement should be approved as it complied with the necessary legislative requirements and was in the best interests of the parties involved. The case was heard in the Fair Work Commission, where the central issue was whether the agreement was genuinely negotiated, met the statutory criteria, and provided for fair and reasonable terms and conditions of employment.

The Commission considered whether the agreement had been genuinely negotiated between the parties, taking into account the bargaining power and the level of participation of the representatives. The Commission also assessed whether the agreement contained all the mandatory terms and conditions as required by the Fair Work Act 2009. Furthermore, the Commission examined if the agreement was fair and reasonable, taking into account the interests of the employees and employers.

After reviewing the evidence and arguments presented by both parties, the Commission found that the agreement was genuinely negotiated and contained all the mandatory terms and conditions. The Commission concluded that the agreement was fair and reasonable, as it provided for a balanced outcome for both employees and employers, taking into account the specific circumstances of the early childhood education sector. Consequently, the Commission approved the Calliope Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2016.

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