DECISION

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

Independent Education Union of Australia
(AG2015/4277)

TOOGOOLAWAH KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 11 SEPTEMBER 2015

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

[1] An application has been made for approval of a single enterprise agreement known as the Toogoolawah 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] On 17 August 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia filed an application before the Fair Work Commission seeking approval of the Toogoolawah Kindergarten Early Childhood Education Enterprise Agreement 2015. The Union argued that the proposed agreement contained terms and conditions that were fair and reasonable for the employees of the Toogoolawah Kindergarten. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was in compliance with the provisions of the Fair Work Act, and whether the agreement was sufficiently fair and reasonable for the employees of the Toogoolawah Kindergarten. The Commission considered a range of factors, including the bargaining power of the parties, the nature of the agreement, and the terms and conditions contained within the agreement. The Commission also took into account the views of the parties and any relevant evidence or submissions that were provided.

After considering the evidence and submissions, the Commission determined that the agreement was in compliance with the Fair Work Act and met the criteria for approval. The Commission found that the agreement contained terms and conditions that were fair and reasonable for the employees of the Toogoolawah Kindergarten, and that the agreement had been negotiated in good faith. The Commission approved the Toogoolawah Kindergarten Early Childhood Education Enterprise Agreement 2015, and the Union's application was successful.

The Commission's decision provides guidance for employers and unions in the early childhood education sector, and reinforces the importance of negotiating fair and reasonable enterprise agreements. The decision also highlights the role of the Fair Work Commission in ensuring that agreements meet the statutory requirements and are in the best interests of employees.

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