DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/7582)

BRIBIE ISLAND COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	SYDNEY, 15 DECEMBER 2015

Application for approval of the Bribie Island Community Kindergarten Early Childhood Education Enterprise Agreement 2015.

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

[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 case before the Fair Work Commission involved an application for the approval of the Bribie Island Community Kindergarten Early Childhood Education Enterprise Agreement 2015. The applicant, the Independent Education Union of Australia, sought the approval of the agreement, which was to apply to employees of the Bribie Island Community Kindergarten. The legal issues before the court centred around the validity and enforceability of the agreement under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement complied with the requirements for the approval of an enterprise agreement, including whether it met the requirements for a simple or certified agreement, and whether it complied with the good faith bargaining provisions of the Act.

In considering these issues, the court examined the process by which the agreement was negotiated and whether the union had engaged in genuine and meaningful bargaining with the employer. The court also considered whether the agreement provided for appropriate terms and conditions for the employees, including wages, hours of work, and other employment-related matters. The court found that the agreement complied with the relevant provisions of the Act and that it had been negotiated in good faith by the parties. The court was satisfied that the agreement provided for appropriate terms and conditions for the employees and that it met the requirements for a simple agreement under the Act.

Consequently, the court approved the Bribie Island Community Kindergarten Early Childhood Education Enterprise Agreement 2015, and it became legally binding on the parties. The court's decision confirmed the validity and enforceability of the agreement, and it provided certainty for both the union and the employer in relation to the terms and conditions of employment for the employees of the Bribie Island Community Kindergarten.

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