DECISION

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

Independent Education Union of Australia
(AG2015/5292)

YORKEYS KNOB COMMUNITY KINDERGARTEN AND PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 27 OCTOBER 2015

Application for approval of the Yorkeys Knob Community 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 Yorkeys Knob Community 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 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 Independent Education Union of Australia sought approval for the Yorkeys Knob Community Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2015, which was to be considered by the Fair Work Commission. The dispute centred around the terms of the proposed agreement, which included various employment conditions for the staff of the kindergarten and preschool. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work Act. The Commission also had to consider if the agreement contained terms that were contrary to public policy or were otherwise unenforceable. Additionally, the Commission examined whether the agreement adequately protected the interests of the employees and whether it met the statutory criteria for being a single, integrated agreement.

In its decision, the Commission found that the agreement was genuinely negotiated and that it complied with the statutory requirements. The Commission determined that the agreement was not contrary to public policy and contained terms that adequately protected the employees' interests. The Commission also concluded that the agreement met the criteria for being a single, integrated agreement. As a result, the Commission approved the Yorkeys Knob Community Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2015.

The Commission issued an order approving the enterprise agreement, which included specific terms regarding wages, hours of work, leave, and other employment conditions. The approval was subject to the agreement being registered with the Fair Work Commission, and the agreement came into effect on the date of the Commission's decision.

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