DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/5069)

KIPPA RING KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Children’s services
COMMISSIONER BOOTH	BRISBANE, 13 OCTOBER 2015

Application for approval of the Kippa Ring Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Kippa Ring Kindergarten & 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 20 October 2015. The nominal expiry date of the Agreement is 5 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia (the applicant) applied to the Fair Work Commission for approval of the Kippa Ring Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2015 (the agreement). The agreement was proposed as a modern award under the Fair Work Act 2009. The Commission needed to determine if the agreement met the requirements of section 232 of the Act and was suitable for registration.

The key legal issues before the Commission were whether the agreement provided for minimum wages and conditions of employment, including any relevant penalty rates, and whether the agreement was appropriate for registration as a modern award. The Commission also had to assess if the agreement was consistent with the principles of the National Workplace Relations System, including the protection of employees' rights and interests.

The Commission found that the agreement provided for minimum wages and conditions of employment, including relevant penalty rates, and was consistent with the principles of the National Workplace Relations System. The applicant had demonstrated that the agreement was suitable for registration as a modern award, as it contained provisions that provided for fair and reasonable terms and conditions of employment for employees in the early childhood education sector. The Commission approved the agreement and it was registered as the Kippa Ring Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2015.

The Fair Work Commission approved the proposed enterprise agreement and registered it as a modern award. The agreement provides for minimum wages and conditions of employment, including relevant penalty rates, and is consistent with the principles of the National Workplace Relations System. The approval and registration of the agreement ensures that employees in the early childhood education sector are protected and their rights and interests are upheld.

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