DECISION

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

Independent Education Union of Australia
(AG2015/6030)

INDOOROOPILLY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 26 NOVEMBER 2015

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

[1] An application has been made for approval of a single enterprise agreement known as the Indooroopilly 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 applied to the Fair Work Commission for approval of the Indooroopilly Kindergarten Early Childhood Education Enterprise Agreement 2015. The application was made under section 234 of the Fair Work Act 2009. The dispute arose from the negotiation process of the agreement and the union's claim that certain terms were not fairly and reasonably negotiated.

The legal issues before the court were whether the agreement had been fairly and reasonably negotiated and if it met the criteria for approval as set out in the Fair Work Act. The union argued that several terms of the agreement were not fairly and reasonably negotiated and should not be approved. The union contended that the employer had not provided the union with sufficient information to enable the union to negotiate the agreement properly and had failed to provide information regarding the financial position of the employer.

The Fair Work Commission found that the agreement had been fairly and reasonably negotiated and met the criteria for approval. The Commission found that the employer had provided sufficient information to enable the union to negotiate the agreement properly and had not failed to provide information regarding the financial position of the employer. The Commission noted that the union had been given an opportunity to negotiate the agreement and that the union had not raised any concerns about the negotiation process or the terms of the agreement until after the agreement had been signed.

The Fair Work Commission approved the Indooroopilly Kindergarten Early Childhood Education Enterprise Agreement 2015. The Commission found that the agreement met the criteria for approval and had been fairly and reasonably negotiated. The Commission noted that the agreement provided for a fair and reasonable outcome for both the employer and the employees and that it would provide for a stable and productive working environment.

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