DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/378)

CAMBOOYA COMMUNITY KINDERGARTEN ASSOCIATION INC. EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER GREGORY	MELBOURNE, 31 MARCH 2016

Application for approval of the Cambooya Community Kindergarten Association Inc. Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cambooya Community Kindergarten Association Inc. 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] 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 7 April 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, sought approval of the Cambooya Community Kindergarten Association Inc. Early Childhood Education Enterprise Agreement 2015. The respondent, the employer, did not oppose the application. The matter was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement complied with the relevant legislative requirements and whether it met the statutory objectives of the Fair Work Act 2009. The Commission considered the provisions of the agreement and the evidence provided by both parties. It found that the agreement was procedurally valid and contained all the required minimum terms and conditions. The Commission also found that the agreement met the statutory objectives of the Act, including facilitating a cooperative workplace relationship and promoting high-quality early childhood education. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions for employees while also meeting the needs of the employer.

The Commission emphasised the importance of the agreement's provisions on professional development and support for educators, which it found to be in line with contemporary best practice in early childhood education. The Commission also noted that the agreement provided for a transparent and fair process for resolving disputes between employees and the employer. The Fair Work Commission's decision to approve the agreement demonstrates its commitment to facilitating fair and reasonable outcomes for both employers and employees in the early childhood education sector. The decision also highlights the importance of agreements that support high-quality education and professional development for educators. The approval of this agreement is likely to provide a positive outcome for both the employees and the employer, promoting a cooperative and productive workplace environment.

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