DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/6083)

BORILLA COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 26 NOVEMBER 2015

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

[1] An application has been made for approval of a single enterprise agreement known as the Borilla 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) 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

Printed by authority of the Commonwealth Government Printer

In the matter of the Independent Education Union of Australia, an application was made to the Fair Work Commission for approval of the Borilla Community Kindergarten Early Childhood Education Enterprise Agreement 2015. The dispute centred around the terms and conditions of employment for the staff of the Borilla Community Kindergarten, with the Union arguing for improved remuneration and conditions, while the Kindergarten sought to maintain its current practices. The Commission was tasked with determining whether the proposed agreement was appropriate for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the terms and conditions outlined in the proposed enterprise agreement were fair and reasonable, taking into account the principles of procedural fairness, good faith bargaining, and the need to promote high standards of employment. The Commission had to assess whether the agreement adequately addressed the needs of both the employees and the employer, while also ensuring compliance with relevant legislative and regulatory requirements. Additionally, the Commission needed to consider whether the agreement was consistent with the broader objectives of the Fair Work Act, including the protection of employees' rights and the promotion of harmonious, productive, and cooperative workplace relations.

After a thorough examination of the evidence and submissions presented by both parties, the Commission concluded that the proposed agreement was fair and reasonable. The Commission found that the terms and conditions of employment provided for in the agreement were consistent with the principles of procedural fairness and good faith bargaining, and that the agreement adequately addressed the needs of both the employees and the employer. Furthermore, the Commission determined that the agreement was consistent with the broader objectives of the Fair Work Act, including the protection of employees' rights and the promotion of harmonious, productive, and cooperative workplace relations. Accordingly, the Commission approved the Borilla Community Kindergarten Early Childhood Education Enterprise Agreement 2015.

The Fair Work Commission hereby approves the Borilla Community Kindergarten Early Childhood Education Enterprise Agreement 2015, effective from the date of this decision. The agreement shall be registered with the Registrar of the Fair Work Commission, and copies of the approved agreement shall be provided to both parties and the relevant authorities. The approval of the agreement is subject to the conditions and provisions set out in the Fair Work Act 2009, and any disputes arising from the agreement shall be resolved in accordance with the procedures and processes outlined in the Act.

Independent Education Union of Australia

DECISION

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established