DECISION

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

Independent Education Union of Australia
(AG2015/3088)

ST LUCIA KINDERGARTEN ASSOCIATION INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 6 JULY 2015

Application for approval of the St Lucia Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the St Lucia Kindergarten 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 13 July 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 before the Fair Work Commission involved an application for approval of the St Lucia Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2015. The applicant, Independent Education Union of Australia, sought approval of the agreement which was entered into between the St Lucia Kindergarten Association Inc and its employees who were members of the union. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues for determination included whether the agreement had been made in good faith and whether it contained the mandated minimum terms and conditions as stipulated by the Act. Additionally, the court needed to consider whether the agreement was consistent with the objectives of the Act, including its promotion of cooperative workplace relationships and its encouragement of high-quality employment outcomes.

In delivering its decision, the Commission noted that the agreement had been made in good faith and contained all the mandated minimum terms and conditions. The agreement was also found to be consistent with the objectives of the Act, including its focus on cooperative workplace relationships and its support for high-quality employment outcomes. The Commission approved the agreement, acknowledging the efforts of both parties in reaching a resolution that was fair and balanced. This decision was made on the basis that the agreement provided for a fair and efficient workplace while also addressing the needs of the employees and the employer.

The Fair Work Commission approved the St Lucia Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2015. The approval was subject to the agreement being registered with the Fair Work Commission, which would then provide the agreement with legal enforceability. The Commission also noted that the agreement would remain in force until such time as it was terminated or replaced by a new 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