DECISION

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

Independent Education Union of Australia
(AG2015/4820)

CARRAMAR COMMUNITY PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 9 SEPTEMBER 2015

Application for approval of the Carramar 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 Carramar 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 16 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the case were the Independent Education Union of Australia and the Carramar Community Preschool & Kindergarten, with the Fair Work Commission (FWC) acting as the adjudicator. The dispute centred around the application for approval of the Carramar Community Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2015. The union sought to have the agreement approved, while the preschool contested certain provisions, arguing they did not comply with relevant legislative standards.

The primary legal issues that the FWC had to address were whether the terms and conditions outlined in the proposed agreement met the requirements set by the Fair Work Act 2009, and if they were fair and reasonable for both parties. Specific attention was given to provisions concerning employment conditions, remuneration, and other employment-related matters. The union argued that the agreement was just and equitable, while the preschool maintained that certain clauses were problematic and not in line with legislative expectations.

In reaching its decision, the FWC carefully examined the agreement's provisions against the benchmarks established by the Fair Work Act. The Commission found that while most of the clauses were in line with legal requirements, some aspects needed modification to ensure compliance and fairness. The FWC made specific amendments to address the preschool's concerns, ensuring that the agreement met the necessary standards for approval. Ultimately, the FWC approved the agreement with the stipulated modifications, balancing the interests of both the union and the preschool.

The final orders included the approval of the Carramar Community Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2015, subject to the modifications made by the FWC. These modifications ensured that the agreement complied with the Fair Work Act and was deemed fair and reasonable for all parties 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