DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/6586)

NOUGHT TO FIVE EARLY CHILDHOOD CENTRE EMPLOYEE COLLECTIVE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 26 NOVEMBER 2015

Application for approval of the Nought To Five Early Childhood Centre Employee Collective Agreement 2015

[1] An application has been made for approval of a single enterprise agreement known as the Nought To Five Early Childhood Centre Employee Collective 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] 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 of the Act, will operate from 3 December 2015. The nominal expiry date of the Agreement is 3 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia sought approval of the Nought To Five Early Childhood Centre Employee Collective Agreement 2015, which would govern the employment conditions of early childhood education workers. The agreement was to be registered under the Fair Work Act 2009, and it was necessary for the Commission to determine whether the agreement met the necessary criteria for approval.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements of the Fair Work Act and whether it adhered to the substantive requirements, including whether it promoted high wages and conditions and did not undermine the ability of employees to resolve workplace issues through conciliation and arbitration. The Commission had to consider whether the agreement contained appropriate mechanisms for the resolution of workplace disputes and whether it allowed for fair and equitable terms and conditions of employment.

The Fair Work Commission found that the agreement met the necessary procedural requirements, including the provision of appropriate notice and the opportunity for interested parties to make submissions. The Commission also found that the substantive provisions of the agreement promoted high wages and conditions and did not undermine the ability of employees to resolve workplace issues through conciliation and arbitration. The agreement contained appropriate mechanisms for the resolution of workplace disputes, including a dispute resolution procedure that allowed for early intervention and conciliation. The Commission was satisfied that the agreement provided for fair and equitable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission approved the Nought To Five Early Childhood Centre Employee Collective Agreement 2015, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the inclusion of a clause that allowed for the payment of penalty rates for work on public holidays and a clause that provided for the calculation of overtime. The Commission was satisfied that the modified agreement met the necessary criteria for approval and would provide for fair and equitable terms and conditions of employment for the employees covered by the agreement.

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