Independent Education Union of Australia

[2016] FWCA 607

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2015/7028)

KURANDA COMMUNITY KINDERGARTEN EARLY CHILDHOOD

EDUCATION ENTERPRISE AGREEMENT 2015

Educational services

COMMISSIONER LEE

MELBOURNE, 1 FEBRUARY 2016

Application for approval of the Kuranda Community Kindergarten Early Childhood

Education Enterprise Agreement 2015.

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

Kuranda Community Kindergarten 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] Kuranda Community Kindergarten Assoc Inc. T/A Kuranda Community Kindergarten

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 607

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

8 February 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 607

ANNEXURE A

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for approval of the Kuranda Community Kindergarten Early Childhood Education Enterprise Agreement 2015 under section 185 of the Fair Work Act 2009. The agreement in question is a single enterprise agreement. The application was made by the Independent Education Union of Australia, the bargaining representative for the agreement, which seeks to cover Kuranda Community Kindergarten Assoc Inc. T/A Kuranda Community Kindergarten. The commission had to decide whether the application met the relevant requirements of sections 186, 187, 188, and 190 of the Act and if the agreement would cause financial detriment to any employee or result in substantial changes to the agreement.

The Fair Work Commission found that the application met the requirements of the Act and that the agreement would not cause financial detriment to any employee or result in substantial changes. The Kuranda Community Kindergarten Assoc Inc. provided written undertakings that were satisfactory to the commission. The commission also noted that the agreement covered the organisation as per section 201(2) of the Act. The commission concluded that the agreement should be approved and would operate from 8 February 2016 until 31 December 2017, as per section 54 of the Act.

The Fair Work Commission approved the Kuranda Community Kindergarten Early Childhood Education Enterprise Agreement 2015 and ordered that it would operate from 8 February 2016 until 31 December 2017. The commission's decision was based on the satisfaction that the application met the requirements of the Act, the agreement would not cause financial detriment to any employee, and the agreement would not result in substantial changes. The commission also noted that the agreement covered the organisation as per section 201(2) of the Act. The approval of the agreement ensures that the employees of Kuranda Community Kindergarten Assoc Inc. T/A Kuranda Community Kindergarten are covered by a legally binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established