DECISION

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

Independent Education Union of Australia
(AG2015/6085)

EMERALD PRESCHOOL AND COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 26 NOVEMBER 2015

Application for approval of the Emerald Preschool and Community Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Emerald Preschool and 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

CaseChat Overview and Summary

The matter involved the Independent Education Union of Australia and the applicant, the Emerald Preschool and Community Kindergarten, regarding the approval of their 2015 early childhood education enterprise agreement. The application was brought before the Fair Work Commission, which was required to determine if the agreement met the necessary standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement satisfied the procedural requirements for approval and whether it contained all the mandatory terms and conditions as stipulated by the Act. Specifically, the Commission needed to assess if the agreement was genuinely negotiated, if it met the better-off-overall test, and if it included all mandated provisions such as minimum wages and standard working conditions.

The Fair Work Commission found that the agreement was indeed genuinely negotiated and met the better-off-overall test. It also included all the mandatory terms and conditions as required by the Fair Work Act. The Commission concluded that the agreement was fair and reasonable, thereby approving it for implementation. The Commission's decision was based on a detailed analysis of the negotiation process, the contents of the agreement, and its compliance with statutory requirements.

The final orders of the Fair Work Commission approved the Emerald Preschool and Community Kindergarten Early Childhood Education Enterprise Agreement 2015. The agreement was to be registered and enforceable, effective from the date of the Commission's decision. This approval allowed the parties to proceed with implementing the terms of the agreement, ensuring compliance with the employment standards set forth by the Act.

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