DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/2834)

CENTRAL SHOALHAVEN MOBILE PRESCHOOL INC TEACHERS COLLECTIVE AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	DARWIN, 17 JUNE 2015

Application for approval of the Central Shoalhaven Mobile Preschool Inc Teachers Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Central Shoalhaven Mobile Preschool Inc Teachers 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 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 Independent Education Union of Australia applied to the Fair Work Commission for approval of the Central Shoalhaven Mobile Preschool Inc Teachers Collective Agreement 2015. The Central Shoalhaven Mobile Preschool Inc opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement contained all the prescribed minimum terms and conditions and whether it complied with the Fair Work Act.

The Commission found that the agreement contained all the prescribed minimum terms and conditions, including provisions for hours of work, rates of pay, leave, and other employment-related matters. The Commission also found that the agreement complied with the Fair Work Act. The Commission approved the agreement, noting that it provided for a fair and reasonable set of terms and conditions for the employees covered by the agreement. The Commission also noted that the agreement provided for a dispute resolution process that was fair and efficient.

The final orders of the Commission were that the Central Shoalhaven Mobile Preschool Inc Teachers Collective Agreement 2015 be approved as a registered agreement under the Fair Work Act. The orders also included provisions for the agreement to be published and for the agreement to be registered with the Fair Work Commission. The orders further provided for the agreement to be in effect from the date of the Commission's decision.

Independent Education Union of Australia

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established