DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/4843)

ROSELLAS COMMUNITY PRESCHOOL INC. EMPLOYEE COLLECTIVE AGREEMENT 2015

Children’s services
COMMISSIONER BOOTH	BRISBANE, 13 OCTOBER 2015

Application for approval of the Rosellas Community Preschool Inc. Employee Collective Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Rosellas Community Preschool Inc. Employee Collective 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 12 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval for the Rosellas Community Preschool Inc. Employee Collective Agreement 2015, with the application heard by the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Union argued that the agreement was necessary to address workplace issues and provide fair terms and conditions for employees. The Preschool, on the other hand, contended that the proposed agreement did not meet the statutory criteria and was not genuinely negotiated.

The Commission had to determine whether the collective agreement was bona fide, whether it genuinely reflected the terms of the parties' negotiations, and if it complied with the procedural and substantive requirements of the Fair Work Act. The Court needed to consider whether the agreement was appropriate and necessary to regulate the terms and conditions of employment. Additionally, the Commission had to assess if the agreement provided for a minimum rate of pay and other conditions of employment that were no less favourable than the relevant award or the national employment standards.

In reaching its decision, the Commission examined the negotiation process and the content of the agreement. It found that the Rosellas Community Preschool Inc. Employee Collective Agreement 2015 was genuinely negotiated and reflected the terms of the parties' negotiations. The agreement was considered appropriate and necessary for regulating the terms and conditions of employment. The Commission also concluded that the agreement provided for a minimum rate of pay and other conditions of employment that were no less favourable than the relevant award or the national employment standards. Consequently, the Commission approved the collective agreement.

The final orders of the Fair Work Commission included the approval of the Rosellas Community Preschool Inc. Employee Collective Agreement 2015, effective from 1 January 2015. The agreement was to be registered under the Fair Work Act 2009 and would apply to the employees of Rosellas Community Preschool Inc. This decision provided a resolution to the dispute and ensured that the employees would benefit from the terms and conditions outlined in the approved collective agreement.

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