DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/7164)

PITTSWORTH KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 22 JANUARY 2016

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

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

[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 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Pittsworth Kindergarten Early Childhood Education Enterprise Agreement 2015, as lodged by the Independent Education Union of Australia. The agreement in question pertains to the employment terms and conditions of early childhood educators within the Pittsworth Kindergarten facility. The union sought to have the agreement recognised and approved under the Fair Work Act 2009, which necessitates that such agreements meet certain minimum standards and be free from any contravention of the Act.

The legal issues before the Commission included whether the agreement contained all the prescribed minimum terms and conditions as required by the Fair Work Act, and whether it complied with the procedural requirements for approval. The Commission had to ensure that the agreement was not only substantively compliant but also that the necessary procedural steps had been followed correctly in its drafting and submission. The union argued that the agreement was fair and balanced, providing adequate protections and benefits for the employees, while no objections were raised by the employer.

The Fair Work Commission found that the agreement met all the minimum standards set by the Fair Work Act and was procedurally sound. The Commission was satisfied that the agreement contained all the required minimum terms and conditions, and that the process leading to its creation was fair and transparent. Consequently, the Commission approved the agreement, recognising it as a legally binding enterprise agreement under the Act. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationship between the Pittsworth Kindergarten and its early childhood educators.

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