DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/6054)

ROSEWOOD AND DISTRICT KINDERGARTEN AND PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 26 NOVEMBER 2015

Application for approval of the Rosewood and District Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Rosewood and District Kindergarten and Preschool 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 before the court involved the Independent Education Union of Australia (IEUA) and sought approval of the Rosewood and District Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2015. The application was brought before the Fair Work Commission (FWC) which was required to assess whether the agreement met the statutory requirements under the Fair Work Act 2009. The primary dispute centred on the compliance of the agreement with the provisions of the Act and the procedural fairness in the bargaining process.

The central legal issues for the FWC to determine included whether the agreement was genuinely negotiated between the parties, if it met the criteria for a simple, clear, and concise document, and whether it contained the minimum terms and conditions as stipulated by the legislation. Furthermore, the FWC needed to consider whether the union had properly represented the employees during the bargaining process.

The FWC examined the evidence provided by the IEUA, including the negotiation process and the content of the agreement. The Commission found that the agreement was genuinely negotiated and that it contained the required minimum terms and conditions. It was determined that the union had adequately represented the employees, and that the agreement was clear, simple, and concise. The FWC concluded that the application met the statutory requirements and approved the agreement. The FWC emphasised the importance of procedural fairness in the bargaining process and noted that the union had adhered to the necessary procedures.

In summary, the FWC approved the Rosewood and District Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2015, finding that it was genuinely negotiated, met the statutory requirements, and contained the necessary minimum terms and conditions. The union had properly represented the employees, and procedural fairness was observed throughout the bargaining process.

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