DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/5339)

ALEXANDRA-MOOLOOLABA COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 28 OCTOBER 2015

Application for approval of the Alexandra-Mooloolaba Community Kindergarten Early Childhood Education Enterprise Agreement 2015

[1] An application has been made for approval of a single enterprise agreement known as the Alexandra-Mooloolaba Community 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 4 November 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Alexandra-Mooloolaba Community Kindergarten Early Childhood Education Enterprise Agreement 2015 from the Fair Work Commission. The respondents, Alexandra-Mooloolaba Community Kindergarten and the Department of Education, contested the application on the grounds that the agreement was not in the best interests of the children in the kindergarten. The dispute was heard in the Fair Work Commission, the body responsible for regulating and approving enterprise agreements in Australia.

The central legal issue before the Commission was whether the proposed agreement was fair and reasonable, considering the interests of all parties involved, particularly the children. The Commission had to assess the agreement against the criteria set out in the Fair Work Act 2009, including whether it promoted high levels of employment, productivity, flexibility, and enterprise bargaining. Additionally, the Commission considered whether the agreement provided for appropriate mechanisms for dispute resolution and whether it aligned with the broader public interest, particularly the welfare and education of children.

The Commission found that the proposed agreement was fair and reasonable, taking into account all relevant factors. The agreement provided for reasonable terms and conditions for employees, including provisions for pay rates, leave entitlements, and working conditions. The Commission was satisfied that the agreement promoted productivity and flexibility while maintaining a focus on the educational needs of the children. Furthermore, the Commission determined that the agreement included appropriate dispute resolution mechanisms and aligned with the broader public interest, including the welfare and education of children. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Alexandra-Mooloolaba Community Kindergarten Early Childhood Education Enterprise Agreement 2015, finding it to be fair and reasonable in the interests of all parties involved, including the children. The agreement was approved on the basis that it promoted high levels of employment, productivity, flexibility, and enterprise bargaining, and provided for appropriate mechanisms for dispute resolution. The approval of the agreement ensures that the employees of the kindergarten will benefit from the terms and conditions outlined in the agreement, while also maintaining a focus on the educational needs of the children.

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