DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/312)

GOONDIWINDI KINDERGARTEN ASSOCIATION EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 15 MARCH 2016

Application for approval of the Goondiwindi Kindergarten Association Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Goondiwindi Kindergarten Association 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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 15 March 2016 and, in accordance with s.54, will operate from 22 March 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 applicants, the Independent Education Union of Australia (IEUA), sought approval of the Goondiwindi Kindergarten Association Early Childhood Education Enterprise Agreement 2015. The respondents were the Goondiwindi Kindergarten Association, along with the Queensland Teachers' Union and the Independent Schools Queensland. The dispute was heard in the Fair Work Commission. The central issue for the court was whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly whether it was in the best interests of the employees. The court had to determine if the agreement was fair and reasonable, and whether it provided for efficient, productive, and flexible workplaces.

The court examined the content of the agreement, focusing on the terms and conditions of employment, including pay rates, hours of work, and conditions such as leave provisions. The applicants argued that the agreement was fair and reasonable, as it provided for a reasonable balance between the interests of the employer and the employees. The respondents contended that the agreement did not adequately represent the interests of the employees, particularly in terms of pay rates and conditions. After considering the evidence and submissions from both parties, the court found that the agreement was fair and reasonable and met the criteria for approval. The court was satisfied that the agreement provided for efficient, productive, and flexible workplaces and was in the best interests of the employees.

Consequently, the court approved the Goondiwindi Kindergarten Association Early Childhood Education Enterprise Agreement 2015. The agreement was to be registered under the Fair Work Act 2009, and the terms and conditions set out in the agreement would apply to the employees of the Goondiwindi Kindergarten Association. The decision was made in the interest of maintaining a fair and balanced approach to employment conditions within the early childhood education sector.

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