Independent Education Union of Australia

[2016] FWCA 602

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2015/7007)

BRACKEN RIDGE KINDERGARTEN ASSOCIATION INC EARLY

CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services

COMMISSIONER ROE

MELBOURNE, 29 JANUARY 2016

Application for approval of the Bracken Ridge Kindergarten Association Inc Early Childhood

Education Enterprise Agreement 2015.

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

Bracken Ridge 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] Bracken Ridge Kindergarten Association Inc T/A Bracken Ridge 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 602

[5] The Agreement was approved on 29 January 2016 and, in accordance with s.54, will

operate from 5 February 2016. The nominal expiry date of the Agreement is 31 December

2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 602

ANNEXURE A

CaseChat Overview and Summary

The case involved the approval of an enterprise agreement between the Independent Education Union of Australia and the Bracken Ridge Kindergarten Association Inc. The application for approval was made under section 185 of the Fair Work Act 2009. The agreement in question was the Bracken Ridge Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2015, a single enterprise agreement governing the early childhood education sector.

The legal issues before the court included whether the application met the requirements of sections 186, 187, 188, and 190 of the Act. Additionally, the court needed to determine whether the Independent Education Union of Australia was a valid bargaining representative for the agreement and whether the agreement covered the organization in accordance with sections 183 and 201(2) of the Act. The court also considered the undertakings provided by the Bracken Ridge Kindergarten Association Inc to ensure they did not cause financial detriment to employees or result in substantial changes to the agreement.

The Commissioner found that the application met all the relevant requirements of the Act. The Bracken Ridge Kindergarten Association Inc had provided written undertakings that were satisfactory to the Commissioner. These undertakings ensured that no financial detriment would be caused to employees and that no substantial changes would be made to the agreement. The Independent Education Union of Australia was a valid bargaining representative, and the agreement covered the organization as required by the Act. The agreement was approved and will operate from 5 February 2016, with a nominal expiry date of 31 December 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established