DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/6086)

WESTERN SUBURBS KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 26 NOVEMBER 2015

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

[1] An application has been made for approval of a single enterprise agreement known as the Western Suburbs 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 Independent Education Union of Australia brought an application before the Fair Work Commission (FWC) to approve the Western Suburbs Kindergarten Early Childhood Education Enterprise Agreement 2015. The agreement was negotiated between the union and the employer and sought to establish the terms and conditions of employment for early childhood educators in the Western Suburbs region. The union argued that the agreement should be approved as it met the requirements of the Fair Work Act 2009 and provided for fair and reasonable terms and conditions for employees. The employer, on the other hand, contended that the agreement did not meet the requirements of the Act and should not be approved.

The FWC was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been negotiated in good faith. The FWC also had to consider whether the agreement met the requirements of the Better Off Overall Test, which requires that employees be no worse off financially under the new agreement than they would have been under their previous terms and conditions of employment.

In making its decision, the FWC considered the evidence and arguments presented by both parties. The FWC found that the agreement met the requirements of the Fair Work Act 2009 and provided for fair and reasonable terms and conditions of employment. The FWC also found that the agreement had been negotiated in good faith and met the requirements of the Better Off Overall Test. Accordingly, the FWC approved the agreement.

The FWC's approval of the agreement means that it will now become a legally binding enterprise agreement between the Independent Education Union of Australia and the employer. The agreement will apply to all early childhood educators in the Western Suburbs region who are covered by the agreement, and will set out their terms and conditions of employment. The employer is required to comply with the terms of the agreement, and employees are entitled to rely on the agreement in their dealings with the employer.

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