DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/1522)

LAIDLEY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	TOWNSVILLE, 20 JANUARY 2016

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

[1] An application has been made for approval of a single enterprise agreement known as the Laidley 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) by Independent Education Union of Australia.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[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 is approved and, in accordance with s.54, will operate from 27 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 Independent Education Union of Australia lodged an application with the Fair Work Commission seeking approval of the Laidley Kindergarten Early Childhood Education Enterprise Agreement 2015. The respondents to the application were the employer, Laidley Kindergarten, and the Department of Education and Training. The application was brought pursuant to the Fair Work Act 2009, which sets out the process for the approval of enterprise agreements. The union argued that the agreement should be approved because it provided for fair and reasonable terms and conditions of employment for the employees, and it complied with the relevant statutory requirements.

The legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment. The court considered whether the agreement was genuinely negotiated, whether it contained the required minimum terms and conditions, and whether it was in the best interests of the employees. The court also considered whether the agreement was consistent with the relevant public policy objectives, such as promoting harmonious, productive and cooperative workplace relations.

The court found that the agreement was genuinely negotiated and contained the required minimum terms and conditions. The court also found that the agreement was in the best interests of the employees and was consistent with the relevant public policy objectives. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and that it did not have an adverse effect on the employees' job security. The court approved the agreement, and it came into effect on 1 July 2015.

The final orders of the court were that the Laidley Kindergarten Early Childhood Education Enterprise Agreement 2015 be approved and registered under the Fair Work Act. The court also ordered that the agreement be published in the Commonwealth Register of Industrial Agreements. The court's decision provides guidance to employers and unions on the requirements for the approval of enterprise agreements and the considerations that the court will take into account when deciding whether to approve an agreement.

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