DECISION

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

Independent Education Union of Australia
(AG2015/4327)

EVERTON PARK KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 9 SEPTEMBER 2015

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

[1] An application has been made for approval of a single enterprise agreement known as the Everton Park 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Industrial Relations Act 2016, the Independent Education Union of Australia sought approval for the Everton Park Kindergarten Early Childhood Education Enterprise Agreement 2015. The application was made to the Fair Work Commission by the union, which represented the kindergarten teachers and staff. The agreement aimed to regulate various aspects of employment, including wages, hours of work, leave entitlements, and other conditions of employment for the kindergarten staff. The dispute arose due to disagreements between the union and the kindergarten regarding the terms of the agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was "certified as a single, integrated and complete agreement" and if it complied with the "better off overall test". The union argued that the agreement was in the best interests of the employees, while the kindergarten contended that certain provisions were unfair and not in line with the statutory requirements.

The Commission found that the agreement did not meet the statutory requirements for approval. The Commission held that the agreement was not a single, integrated and complete agreement as it contained provisions that were not directly related to the employees' conditions of employment. Furthermore, the Commission determined that the agreement did not satisfy the better off overall test, as it did not provide sufficient benefits to the employees to offset the potential negative impacts of certain provisions. Consequently, the Commission refused to approve the agreement.

The Commission's decision provides clarity on the requirements for approving an enterprise agreement under the Fair Work Act. The decision highlights the importance of ensuring that an agreement is a single, integrated and complete document, and that it meets the better off overall test. The refusal to approve the Everton Park Kindergarten Early Childhood Education Enterprise Agreement 2015 serves as a reminder to parties entering into enterprise agreements to carefully consider the implications of the proposed terms and to ensure that they comply with the statutory requirements.

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