DECISION

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

Independent Education Union of Australia
(AG2015/4995)

NAMBOUR COMMUNITY PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 21 OCTOBER 2015

Application for approval of the Nambour Community Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Nambour Community Preschool & 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 28 October 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Independent Education Union of Australia and the Nambour Community Preschool & Kindergarten. The union sought approval for the Early Childhood Education Enterprise Agreement 2015, which was intended to regulate the employment terms and conditions of early childhood educators within the preschool and kindergarten. The legal issues that the court needed to address centred on whether the proposed agreement was consistent with the Fair Work Act 2009, specifically sections that pertain to the process of approving an enterprise agreement and the substantive provisions of the agreement itself. The court had to determine if the agreement met the procedural requirements, including the necessity of a genuine bargaining process and whether the agreement provided fair and reasonable terms to the employees.

The court examined the evidence presented by both parties regarding the bargaining process. It was critical to establish if the agreement was genuinely negotiated and if the union had adequately represented the employees. The court also assessed whether the terms of the proposed agreement were fair and reasonable, taking into account factors such as wage rates, working conditions, and other employment-related matters. The court found that the evidence demonstrated a genuine bargaining process and that the agreement provided fair and reasonable terms for the employees. Therefore, the court approved the agreement.

Consequently, the court ruled in favour of the union, granting approval for the Early Childhood Education Enterprise Agreement 2015. This decision was based on the evidence presented that the agreement was the result of genuine negotiations and contained fair and reasonable terms. The court's approval of the agreement ensures that it can be implemented, governing the employment conditions of early childhood educators within the Nambour Community Preschool & Kindergarten. This decision highlights the importance of adhering to the statutory requirements for the negotiation and approval of enterprise agreements 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