DECISION

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

Independent Education Union of Australia
(AG2015/3423)

THE RANGE COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 9 SEPTEMBER 2015

Application for approval of The Range Community Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as The Range Community 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

The matter involved the Independent Education Union of Australia, as the applicant, seeking approval of the The Range Community Kindergarten Early Childhood Education Enterprise Agreement 2015. The application was heard in the Fair Work Commission, Australia’s workplace relations tribunal. The dispute centred around whether the proposed enterprise agreement complied with the necessary legislative requirements and whether it was fair and reasonable for the employees involved.

The primary legal issues before the Commission were whether the agreement met the statutory criteria for approval under the Fair Work Act 2009, including whether it was free from coercion and whether it provided for appropriate mechanisms for the resolution of disputes. The Commission also needed to determine if the agreement was procedurally sound, ensuring that it was made in good faith and that proper procedures were followed in its creation.

In examining these issues, the Commission considered the evidence provided by both the applicant and the employer, as well as the submissions made by both parties. The Commission concluded that the agreement met the legislative requirements for approval. It found that the agreement was free from any element of coercion, provided for adequate dispute resolution mechanisms, and was made in good faith following appropriate procedures. The Commission determined that the agreement was fair and reasonable for the employees involved, taking into account their specific circumstances.

As a result, the Fair Work Commission approved the The Range Community Kindergarten Early Childhood Education Enterprise Agreement 2015. This decision allows the agreement to come into effect, providing a legally binding framework for the employment conditions of the early childhood education employees at the kindergarten.

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