DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/2723)

BLUE SKIES KINDERGARTEN & PRE-SCHOOL INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	DARWIN, 17 JUNE 2015

Application for approval of the Blue Skies Kindergarten & Pre-School Inc Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Blue Skies Kindergarten & Pre-School 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). 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 24 June 2015. The nominal expiry date of the Agreement is 31 December 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Independent Education Union of Australia to approve the Blue Skies Kindergarten & Pre-School Inc Early Childhood Education Enterprise Agreement 2015. The union sought to have the agreement, which was entered into between the employer and the employees of the kindergarten, recognised as a valid and legally binding document. The Commission was tasked with determining whether the agreement met the necessary legal criteria for approval, including whether it had been genuinely negotiated, the terms were fair and reasonable, and it complied with the relevant legislation.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval as set out in the Fair Work Act 2009. Specifically, the Commission needed to ascertain if the agreement was genuinely negotiated between the parties, if it contained the required minimum terms and conditions, and if it was fair and reasonable. The Commission also had to consider if the agreement was consistent with the provisions of the Fair Work Act and the Fair Work Regulations, and if it provided for the proper protection of employees' interests.

In making its decision, the Commission reviewed the process through which the agreement was negotiated and the contents of the agreement itself. The Commission found that the agreement had been genuinely negotiated between the union and the employer, as evidenced by the exchange of proposals and counter-proposals and the discussions that took place. The Commission also found that the agreement contained all the required minimum terms and conditions, and that the terms were fair and reasonable. Furthermore, the Commission determined that the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations, and that it provided for the proper protection of employees' interests. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Blue Skies Kindergarten & Pre-School Inc Early Childhood Education Enterprise Agreement 2015, finding it to be a valid and legally binding document. The agreement was found to have been genuinely negotiated, contained all the required minimum terms and conditions, and was fair and reasonable. The Commission also determined that the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations, and provided for the proper protection of employees' interests. The approval of the agreement means that it can now be used as the basis for employment between the employer and the employees of the kindergarten.

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