DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2015/5994)

INNISFAIL COMMUNITY PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 26 NOVEMBER 2015

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

[1] An application has been made for approval of a single enterprise agreement known as the Innisfail Community Preschool & 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 3 December 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia brought an application in the Fair Work Commission seeking approval of the Innisfail Community Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2015. The agreement in question was negotiated between the union and the employer, Innisfail Community Preschool & Kindergarten. The primary issue before the court was whether the agreement met the legal criteria for approval as set out in the Fair Work Act 2009. Specifically, the court had to consider whether the agreement had been negotiated in good faith, whether it provided for a safety net of minimum wages and conditions, and whether it complied with procedural requirements.

In evaluating the agreement, the court examined the process of negotiation and the provisions within the agreement itself. It was noted that the agreement had been negotiated through a series of meetings and discussions between the union and the employer, with the union providing evidence of the steps taken to reach the agreement. The court found that the negotiation process was conducted in good faith and that the agreement provided for a safety net of minimum wages and conditions, which was in line with the legislative requirements. Additionally, the court reviewed the procedural aspects of the agreement and determined that all necessary steps had been followed.

Based on its findings, the court approved the Innisfail Community Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2015, confirming that it met all the necessary legal criteria. The court's decision was grounded in the evidence presented regarding the negotiation process, the content of the agreement, and compliance with procedural requirements. The approval of the agreement ensures that it will now serve as a binding contract between the union and the employer, governing the terms and conditions of employment for the relevant workforce.

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