DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/820)

HIGHFIELDS & DISTRICT KINDERGARTEN ASSOCIATION INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016.

Educational services
COMMISSIONER GREGORY	MELBOURNE, 26 APRIL 2016

Application for approval of the Highfields & District Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Highfields & District Kindergarten Association Inc 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 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 3 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 brought an application to the Fair Work Commission for the approval of the Early Childhood Education Enterprise Agreement 2016, as proposed by the Highfields & District Kindergarten Association Inc. The union sought to ensure the agreement's provisions were fair and met the necessary criteria under the Fair Work Act 2009. The association, representing early childhood educators, aimed to secure a legally binding agreement that would govern employment conditions for its members.

The legal issues before the Commission centred on whether the proposed agreement was in the best interests of the employees, whether it contained the minimum entitlements required by law, and if it adhered to the principles of procedural fairness and good faith bargaining. The Commission also needed to assess whether the agreement met the standards of the National Employment Standards and the National Minimum Wage System. Additionally, the Commission examined if the association had followed proper procedures in negotiating and finalising the agreement.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement met the necessary legal requirements. The Commission confirmed that the agreement contained all minimum entitlements and adhered to the principles of procedural fairness and good faith bargaining. The Commission noted that the agreement provided fair and reasonable terms for the employees and was in their best interests. Consequently, the Commission approved the agreement, ensuring it would be legally binding on the parties involved.

The Fair Work Commission approved the Early Childhood Education Enterprise Agreement 2016, as proposed by the Highfields & District Kindergarten Association Inc. The decision confirmed that the agreement met all legal requirements and provided fair and reasonable terms for the employees. The approved agreement would now govern the employment conditions for the members of the Independent Education Union of Australia, ensuring compliance with the Fair Work Act 2009 and related legislation.

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