DECISION

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

Independent Education Union of Australia
(AG2015/3242)

VERA LACAZE MEMORIAL KINDERGARTEN AND PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 21 JULY 2015

Application for approval of the Vera Lacaze Memorial Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Vera Lacaze Memorial Kindergarten and Preschool 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 28 July 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia brought an application before the Fair Work Commission for the approval of the Vera Lacaze Memorial Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2015. The agreement was made between the employer, the Vera Lacaze Memorial Kindergarten and Preschool, and the union representing the employees. The dispute centred on the terms and conditions of employment for early childhood education workers within the kindergarten and preschool sector. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all the prescribed terms, whether it was made in good faith and whether it complied with the process requirements of the Act. A significant point of contention was whether certain terms of the agreement, such as the provisions regarding pay rates and working conditions, were in accordance with the relevant award and whether they provided a safety net for the employees. Additionally, the Commission had to consider if the agreement met the standard of being "better off overall" for the employees compared to the applicable award or previous enterprise agreement.

In delivering its decision, the Commission examined the evidence and submissions provided by both parties. The Commission found that the agreement contained all the prescribed terms and was made in good faith. It concluded that the agreement was consistent with the relevant award and provided a safety net for the employees. The Commission also determined that the agreement was better off overall for the employees, considering factors such as the additional benefits and provisions included. Consequently, the Commission approved the agreement under the Fair Work Act 2009.

The Fair Work Commission approved the Vera Lacaze Memorial Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2015, finding it met all the statutory requirements for approval. The Commission's decision was based on the comprehensive review of the agreement's terms, its alignment with the relevant award, and the overall benefit it provided to the employees. The approval of the agreement ensures that the employees of the kindergarten and preschool are covered by a fair and effective enterprise 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