DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/6839)

INGHAM COMMUNITY KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	SYDNEY, 15 DECEMBER 2015

Application for approval of the Ingham Community Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ingham Community Kindergarten & 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 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.

[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 15 December 2015 and, in accordance with s.54, will operate from 22 December 2015. 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 applicant, the Independent Education Union of Australia, sought approval of the Ingham Community Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2015 from the Fair Work Commission. The respondent, Ingham Community Kindergarten & Preschool, contested the application. The case centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement contained terms that were contrary to the public interest or contrary to the principles of the national workplace relations system. The court needed to determine if the terms of the agreement were fair and reasonable, and if they complied with the provisions of the Act. The respondent argued that certain provisions of the agreement were not in the best interests of the employees and the community.

The Fair Work Commission found that the agreement did not contain any terms that were contrary to the public interest or the principles of the national workplace relations system. The court determined that the agreement was fair and reasonable, and complied with the requirements of the Act. The terms of the agreement were deemed to be in the best interests of the employees and the community, and the application for approval was granted. The court also noted that the agreement provided for appropriate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms.

The final order was that the Ingham Community Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would be in effect from the date of the decision.

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