Independent Education Union of Australia

[2016] FWCA 1924

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2016/509)

BALONNE KINDERGARTEN EARLY CHILDHOOD EDUCATION

ENTERPRISE AGREEMENT 2016

Educational services

COMMISSIONER LEE

MELBOURNE, 30 MARCH 2016

Application for approval of the Balonne Kindergarten Early Childhood Education Enterprise

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Balonne Kindergarten 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.
[2016] FWCA 1924

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

6 April 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE418381 PR578414

[2016] FWCA 1924

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval for the Balonne Kindergarten Early Childhood Education Enterprise Agreement 2016 under Section 185 of the Fair Work Act 2009. The Agreement was a single enterprise agreement covering employees at Balonne Kindergarten. The key legal issues before the court involved whether the agreement met the necessary statutory requirements for approval and if the undertakings provided by the Applicant would cause financial detriment to any employees or result in substantial changes to the agreement. The court had to determine if the agreement complied with Sections 186, 187, 188, and 190 of the Act and whether it could be approved in accordance with Section 54, considering its nominal expiry date.

Commissioner Lee found that the Independent Education Union of Australia had provided written undertakings that satisfied the court's concerns regarding financial detriment to employees and substantial changes to the agreement. The court was satisfied that the requirements of the relevant sections of the Act had been met, and the agreement was suitable for approval. The Union, acting as a bargaining representative for the agreement, had also given notice under Section 183 of the Act that it wanted the agreement to cover it. The court confirmed that the agreement covered the organisation as required under Section 201(2).

In conclusion, the court approved the Balonne Kindergarten Early Childhood Education Enterprise Agreement 2016, subject to the undertakings provided by the Applicant. The agreement was deemed to meet all necessary statutory requirements and would operate from 6 April 2016, with a nominal expiry date of 31 December 2017. The court's decision was based on the satisfaction that the agreement complied with the relevant sections of the Act and that the undertakings provided by the Applicant addressed any potential concerns.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established