DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/6840)

KINGAROY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	SYDNEY, 15 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Kingaroy 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 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 Independent Education Union of Australia sought approval of the Kingaroy Kindergarten Early Childhood Education Enterprise Agreement 2015 before the Fair Work Commission. The union argued that the agreement should be approved as it met the criteria for registration and approval under the Fair Work Act 2009. The employer contested the application, arguing that the agreement did not comply with certain provisions of the Act, particularly those related to the process of its negotiation and the rights of employees.

The central issue before the Commission was whether the agreement was validly negotiated and whether it met the legal requirements for approval under the Fair Work Act. The Commission needed to determine if the agreement was genuinely negotiated and if it complied with the Act's procedural and substantive requirements. This included examining the processes used to negotiate the agreement and ensuring that the agreement did not contravene any provisions of the Act.

The Fair Work Commission found that the agreement had been negotiated in good faith and that the processes followed complied with the requirements of the Act. The Commission held that the union had adequately represented the employees and that the agreement met the necessary criteria for approval. The Commission emphasised the importance of genuine negotiation and compliance with the Act in approving the agreement.

The Fair Work Commission approved the Kingaroy Kindergarten Early Childhood Education Enterprise Agreement 2015. The Commission's decision was based on its finding that the agreement was genuinely negotiated and complied with all relevant provisions of the Fair Work Act. The approval was contingent on the employer implementing the agreement in accordance with its terms.

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