DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/955)

CABOOLTURE APEX KINDERGARTEN AND PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 28 APRIL 2016

Application for approval of the Caboolture Apex Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Caboolture Apex Kindergarten and 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, 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 5 May 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia sought approval of the Caboolture Apex Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2016. The dispute arose from the negotiation and subsequent submission of this agreement to the Commission for approval. The agreement in question was between the Independent Education Union of Australia and Caboolture Apex Kindergarten and Preschool.

The central legal issue before the Commission was whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the "better off overall test" and was made in accordance with the relevant provisions of the Act. The Commission also had to consider whether the agreement appropriately balanced the interests of the employees and the employer.

The Commission found that the agreement was fair and reasonable, meeting the criteria for approval. The agreement provided for adequate wage increases and included provisions that addressed the needs and expectations of both parties. The Commission concluded that the agreement was likely to result in the employees being better off overall, taking into account both the financial and non-financial benefits provided. Given these findings, the Commission approved the agreement.

The Commission's decision was formally recorded in a written determination, which included detailed reasons for the approval of the Caboolture Apex Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2016. This determination serves as the final decision of the Commission and is binding on the parties involved.

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