DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/3160)

WOMBATS PLAYSCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

Application for approval of the Wombats Playschool Employee Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wombats Playschool Employee Collective 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 23 June 2016 and, in accordance with s.54, will operate from 30 June 2016. The nominal expiry date of the Agreement is 1 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Independent Education Union of Australia sought approval for the Wombats Playschool Employee Collective Agreement 2016 before the Fair Work Commission. The agreement was proposed as a safety net for employees within the educational sector, aiming to standardise employment conditions across various playschools.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the criteria for a safety net agreement. This involved examining the agreement's provisions on wages, hours of work, and other employment conditions to ensure they did not fall below the minimum standards set by the Act.

The Commission found that the proposed agreement adhered to the requirements of the Fair Work Act. It appropriately balanced the interests of both employees and employers by setting fair and reasonable terms that provided a safety net for employees without unduly disadvantaging employers. The agreement was structured to protect employees' rights while allowing for flexibility in the unique context of the early childhood education sector. Consequently, the Commission approved the agreement as a safety net instrument.

As a result of the Commission's decision, the Wombats Playschool Employee Collective Agreement 2016 was approved and registered, providing a safety net for employees in the early childhood education sector. This decision ensures that the agreement will legally apply to all relevant employees, offering them a set of minimum employment conditions.

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