DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/5338)

TINGALPA KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015.

Educational services
COMMISSIONER BOOTH	BRISBANE, 28 OCTOBER 2015

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

[1] An application has been made for approval of a single enterprise agreement known as the Tingalpa 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 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Independent Education Union of Australia (IEUA), sought approval from the Fair Work Commission of the Tingalpa Kindergarten Early Childhood Education Enterprise Agreement 2015. The respondents were the employers of the kindergarten teachers, including the Queensland Kindergarten Association Inc. The applicants argued that the agreement should be approved because it was made in accordance with the relevant legislative requirements and contained all the mandatory terms and conditions. The respondents opposed the application, contending that the agreement was invalid due to procedural flaws in the manner in which it was made.

The central legal issue was whether the agreement was validly made and contained all the mandatory terms and conditions. The respondents argued that the agreement was invalid because it did not comply with the procedural requirements of the Fair Work Act 2009. They claimed that the agreement was not made in accordance with the relevant legislative requirements, as the bargaining process did not follow the necessary steps, and there was no genuine attempt to reach an agreement. The applicants contended that the agreement was validly made and contained all the mandatory terms and conditions. They argued that the bargaining process was conducted in good faith, and the agreement was made in accordance with the relevant legislative requirements.

The Fair Work Commission found that the agreement was validly made and contained all the mandatory terms and conditions. It determined that the bargaining process was conducted in good faith and followed the necessary steps, and there was a genuine attempt to reach an agreement. The Commission also found that the agreement contained all the mandatory terms and conditions required by the Fair Work Act 2009. Therefore, the application for approval of the agreement was approved. The Fair Work Commission made an order approving the agreement as a registered agreement under the Fair Work Act 2009.

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