DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/6877)

BOOPA WEREM KINDERGARTEN AND PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Boopa Werem Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boopa Werem Kindergarten and Preschool 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] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 22 December 2015 and, in accordance with s.54, will operate from 29 December 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Independent Education Union of Australia, the applicant sought approval of the Boopa Werem Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2015. The respondent, Boopa Werem Kindergarten and Preschool, challenged the application on several grounds. The dispute was heard and determined by the Fair Work Commission.

The primary legal issue before the Commission was whether the application for approval met the requirements set out in section 232 of the Fair Work Act 2009. The respondent raised several objections, including the application's failure to adequately address the needs of the early childhood education sector, its insufficient consultation process, and its failure to ensure the agreement's terms were fair and reasonable. The Commission needed to assess these objections and determine if the application met the statutory criteria for approval.

The Commission carefully examined the evidence and submissions presented by both parties. It found that while there were some shortcomings in the consultation process, the overall application was in line with the requirements of the Act. The Commission considered the specific context of the early childhood education sector and found that the terms of the agreement were fair and reasonable, taking into account the unique needs and circumstances of the sector. Consequently, the Commission approved the application for the Boopa Werem Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2015.

The Fair Work Commission approved the application for the Boopa Werem Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2015, subject to the terms and conditions outlined in the agreement. The decision underscores the importance of tailoring enterprise agreements to the specific needs of the sector, while also ensuring compliance with the statutory requirements set out in the Fair Work Act 2009.

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