DECISION

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

Independent Education Union of Australia
(AG2015/3012)

LEETON PRESCHOOL ASSOCIATION EMPLOYEE COLLECTIVE AGREEMENT 2015

Children's services
VICE PRESIDENT CATANZARITI	MELBOURNE, 4 AUGUST 2015

Application for approval of the Leeton Preschool Association Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Leeton Preschool Association Employee Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 of the Act, will operate from 11 August 2015. The nominal expiry date of the Agreement is four years from the date of operation or until terminated or replaced.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Leeton Preschool Association Employee Collective Agreement 2015, brought by the Independent Education Union of Australia. The Leeton Preschool Association, represented by the Union, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary criteria for registration, including whether it was made in good faith and whether it complied with the procedural requirements set out in the Act.

The central legal issues revolved around the procedural validity of the agreement and whether it had been made in good faith. The Commission examined whether the Union had followed the correct procedures in negotiating the agreement, including whether it had made a genuine attempt to reach an agreement with the Leeton Preschool Association. Additionally, the Commission considered whether the terms of the agreement were consistent with the provisions of the Fair Work Act and whether they provided for the fair treatment of employees.

In its decision, the Fair Work Commission held that the agreement was procedurally valid and had been made in good faith. The Commission found that the Union had made a genuine effort to negotiate with the Leeton Preschool Association and that the agreement reflected the terms of a genuine enterprise agreement. The Commission also determined that the agreement complied with the procedural requirements of the Fair Work Act and provided for the fair treatment of employees. Consequently, the Commission approved the Leeton Preschool Association Employee Collective Agreement 2015 as a registered agreement.

The Fair Work Commission ordered that the Leeton Preschool Association Employee Collective Agreement 2015 be registered as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the Commission's decision and would apply to the employees covered by the agreement. The Commission's decision effectively recognised the agreement as a binding and enforceable document between the Leeton Preschool Association and its employees, providing a framework for their employment terms and conditions.

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