DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/1001)

BAYVIEW HEIGHTS COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER GREGORY	SYDNEY, 18 MAY 2016

Application for approval of the Bayview Heights Community Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bayview Heights Community Kindergarten Early Childhood Education Enterprise Agreement 2015 (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, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Bayview Heights Community Kindergarten Early Childhood Education Enterprise Agreement 2015. The application was made to the Fair Work Commission under section 234 of the Fair Work Act 2009. The union argued that the agreement should be approved as a single enterprise agreement for the kindergarten, as it was a small community-based organisation and the agreement had been negotiated in good faith and covered all employees of the kindergarten.

The legal issues before the Commission included whether the agreement constituted a single enterprise agreement, whether it had been negotiated in good faith, and whether it covered all employees of the kindergarten. The Commission found that the agreement was a single enterprise agreement, having been negotiated in good faith and covering all employees of the kindergarten. The Commission also found that the agreement met the requirements of the Fair Work Act and should be approved.

The Fair Work Commission approved the Bayview Heights Community Kindergarten Early Childhood Education Enterprise Agreement 2015, finding that it was a single enterprise agreement that had been negotiated in good faith and covered all employees of the kindergarten. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. The Commission concluded that the agreement was in the best interests of the employees and the employer, and should be approved.

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