DECISION

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

Independent Education Union of Australia
(AG2015/6041)

NANANGO & DISTRICT KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 26 NOVEMBER 2015

Application for approval of the Nanango & District Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Nanango & District 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 applicant, Independent Education Union of Australia, applied to the Fair Work Commission for the approval of the Nanango & District Kindergarten Early Childhood Education Enterprise Agreement 2015. The dispute centred around the terms and conditions of employment for early childhood educators within the Nanango region, and the specific provisions of the proposed agreement. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues that the Commission needed to address were whether the agreement was a bona fide enterprise agreement, whether it contained the necessary minimum terms and conditions, and whether the agreement had been made in accordance with the relevant procedural requirements. Additionally, the Commission considered whether the agreement adequately protected the rights of employees, particularly in relation to the dispute resolution processes and the treatment of casual employees.

In reaching its decision, the Commission carefully examined the evidence and submissions provided by both the applicant and the respondent. The Commission found that the agreement was a genuine enterprise agreement that had been made in accordance with the necessary procedures. The agreement was deemed to contain all the required minimum terms and conditions, and the Commission was satisfied that it provided adequate protections for employees. As a result, the Commission approved the proposed agreement.

The Fair Work Commission approved the Nanango & District Kindergarten Early Childhood Education Enterprise Agreement 2015. The Commission found that the agreement was a bona fide enterprise agreement, met all the necessary legal requirements, and provided adequate protections for employees. The decision was made in accordance with the Fair Work Act 2009 and the relevant procedural requirements.

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