Independent Education Union of Australia

[2016] FWCA 466

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2015/7094)

CHINCHILLA COMMUNITY KINDERGARTEN EARLY CHILDHOOD

EDUCATION ENTERPRISE AGREEMENT 2015

Educational services

COMMISSIONER ROE

MELBOURNE, 22 JANUARY 2016

Application for approval of the Chinchilla Community Kindergarten Early Childhood

Education Enterprise Agreement 2015.

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

Chinchilla 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 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.
[2016] FWCA 466

[4] The Agreement was approved on 22 January 2016 and, in accordance with s.54, will

operate from 29 January 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 case before Commissioner Roe involves an application for the approval of the Chinchilla Community Kindergarten Early Childhood Education Enterprise Agreement 2015. The application was made under section 185 of the Fair Work Act 2009 by the Independent Education Union of Australia. This agreement is a single enterprise agreement that was proposed to cover certain employees of the Chinchilla Community Kindergarten. The core legal issues in this case revolve around whether the application for approval meets the necessary requirements under sections 186, 187, and 188 of the Act, and whether the group of employees for whom the agreement is intended was fairly chosen.

The Commissioner examined the application and determined that the requirements of sections 186, 187, and 188 of the Act were satisfied. While the agreement did not cover all employees of the employer, the Commissioner was satisfied, considering the factors outlined in sections 186(3) and 186(3A), that the group of employees was fairly chosen. Additionally, the Independent Education Union of Australia, acting as a bargaining representative for the agreement, had given notice under section 183 of the Act that it wanted the agreement to cover it, and the agreement indeed covered the organisation as required by section 201(2) of the Act. The Commissioner approved the agreement on 22 January 2016, and it will come into operation on 29 January 2016, with a nominal expiry date of 31 December 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established