DECISION

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

Independent Education Union of Australia
(AG2015/4375)

PEREGIAN BEACH KINDERGARTEN AND PRE-SCHOOL ASSOCIATION INC. EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Children's services
COMMISSIONER BOOTH	BRISBANE, 9 SEPTEMBER 2015

Application for approval of the Peregian Beach Kindergarten and Pre-school Association Inc. Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Peregian Beach Kindergarten and Pre-school Association Inc. 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

In the Fair Work Commission, the Independent Education Union of Australia applied for approval of the Peregian Beach Kindergarten and Pre-school Association Inc. Early Childhood Education Enterprise Agreement 2015. The dispute centred around the terms and conditions of employment for early childhood educators within the association. The union sought to have the agreement recognised as meeting the requirements under the Fair Work Act 2009. The association opposed the application, raising concerns about the procedural fairness and the appropriateness of certain clauses within the agreement.

The legal issues before the Commission involved whether the agreement was made in accordance with the procedural requirements outlined in the Fair Work Act and whether the agreement contained terms and conditions that were compliant with the Act’s provisions. Specifically, the association questioned whether the union had followed the necessary steps to ensure that employees were adequately consulted and had an opportunity to express their views on the proposed agreement. Additionally, the association argued that certain clauses in the agreement were unfair and did not meet the "better off overall test."

The Commission found that the union had adequately consulted with the employees and that the agreement was made in a procedurally fair manner. Regarding the terms of the agreement, the Commission determined that the proposed terms and conditions were fair and met the "better off overall test." The Commission considered the overall benefits to the employees, including wage increases, improved leave provisions, and other employment benefits, which outweighed any potential disadvantages. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Peregian Beach Kindergarten and Pre-school Association Inc. Early Childhood Education Enterprise Agreement 2015, confirming its compliance with the Fair Work Act. The decision highlights the importance of procedural fairness in the agreement-making process and the application of the "better off overall test" to ensure that employees are not disadvantaged by the terms of the agreement.

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