DECISION

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

Independent Education Union of Australia
(AG2015/4291)

BOONDALL KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 9 SEPTEMBER 2015

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

[1] An application has been made for approval of a single enterprise agreement known as the Boondall 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 16 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, filed a request with the Fair Work Commission for approval of the Boondall Kindergarten Early Childhood Education Enterprise Agreement 2015. The respondent, Boondall Kindergarten, contested the application, raising concerns about the agreement's compliance with the Fair Work Act 2009 and its suitability for the specific circumstances of the early childhood education sector. The matter was heard by the Fair Work Commission, which needed to determine whether the agreement met the necessary criteria for endorsement.

The central legal issues before the Commission involved assessing the agreement against the statutory requirements set forth in the Fair Work Act. These included ensuring the agreement was in writing, had been subject to genuine bargaining, and contained minimum terms and conditions that were not less favourable than those provided by the relevant award or safety net. Furthermore, the Commission had to consider whether the agreement's provisions were suitable for the unique context of the early childhood education sector, taking into account the specific needs and characteristics of the workforce involved.

After thorough examination, the Commission found that the Boondall Kindergarten Early Childhood Education Enterprise Agreement 2015 complied with the statutory requirements and was appropriately tailored to the sector. The Commission concluded that the agreement had been genuinely bargained and contained minimum terms and conditions that were not less favourable than those in the relevant award. Additionally, the provisions of the agreement were deemed suitable for the early childhood education sector, taking into consideration the specific needs of the workforce. Consequently, the Commission approved the application, endorsing the agreement for operation.

The Fair Work Commission approved the Boondall Kindergarten Early Childhood Education Enterprise Agreement 2015, endorsing it for operation in accordance with the Fair Work Act 2009. The Commission's decision was based on its determination that the agreement met the statutory requirements, had been genuinely bargained, and contained appropriate minimum terms and conditions. Furthermore, the Commission found that the agreement's provisions were suitable for the early childhood education sector, taking into account the unique needs and characteristics of the workforce involved.

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