DECISION

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

Independent Education Union of Australia
(AG2015/4243)

PIONEER COMMUNITY PRE-SCHOOL AND KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 9 SEPTEMBER 2015

Application for approval of the Pioneer Community Pre-school and Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Pioneer Community Pre-school and 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 Independent Education Union of Australia, the Applicant applied for approval of the Pioneer Community Pre-school and Kindergarten Early Childhood Education Enterprise Agreement 2015. The Applicant argued that the Agreement met the necessary requirements under the Fair Work Act 2009 (Cth) and should be formally approved. The dispute arose from a negotiation process between the Applicant and the employer, Pioneer Community Pre-school and Kindergarten, regarding terms and conditions of employment for early childhood educators.

The primary legal issue before the court was whether the Agreement fulfilled the statutory criteria for approval under section 233 of the Fair Work Act 2009 (Cth). This required the court to consider whether the Agreement had been made in good faith and whether it met the "better off overall test" as per section 187 of the Act. Furthermore, the court had to ascertain if the Agreement complied with the minimum terms and conditions set out in the National Employment Standards.

Upon reviewing the evidence and arguments presented, the court found that the Agreement met all statutory requirements. The Applicant demonstrated that the Agreement was made in good faith and that the employees would be better off overall. Additionally, the Agreement complied with the National Employment Standards and other relevant provisions of the Fair Work Act 2009 (Cth). The court thus approved the Agreement, confirming its validity and enforceability.

The court ordered that the Pioneer Community Pre-school and Kindergarten Early Childhood Education Enterprise Agreement 2015 be approved and registered under section 234 of the Fair Work Act 2009 (Cth). This decision concluded the application, affirming the Agreement's legitimacy and allowing it to take effect from the specified commencement date.

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