DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/1096)

TARRAGINDI WAR MEMORIAL KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Children’s services
VICE PRESIDENT CATANZARITI	DARWIN, 17 JUNE 2015

Application for approval of the Tarragindi War Memorial Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tarragindi War Memorial Kindergarten 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 the Independent Education Union of Australia (the applicant) and the Tarragindi War Memorial Kindergarten (the respondent). The applicant sought approval of the Early Childhood Education Enterprise Agreement 2015, which governed the terms and conditions of employment for early childhood education workers at the respondent's kindergarten. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues that the Commission had to decide were whether the agreement had been genuinely negotiated, was free of coercion and undue influence, and complied with the provisions of the Fair Work Act. The Commission also considered whether the agreement provided for minimum rates of pay and conditions, and whether it contained any provisions that were contrary to public policy.

The Commission found that the agreement had been genuinely negotiated and was free from coercion and undue influence. It was also satisfied that the agreement met the requirements of the Fair Work Act and provided for minimum rates of pay and conditions. The Commission noted that the agreement contained provisions for the classification of employees, hours of work, leave entitlements, and other employment-related matters. The Commission was also satisfied that the agreement did not contain any provisions that were contrary to public policy. Accordingly, the Commission approved the Early Childhood Education Enterprise Agreement 2015.

The Fair Work Commission approved the Tarragindi War Memorial Kindergarten Early Childhood Education Enterprise Agreement 2015, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included changes to the agreement's provisions on leave entitlements and the classification of employees. The Commission also noted that the agreement provided for the payment of penalty rates for work performed on public holidays and weekends, which was in accordance with the provisions of the Fair Work Act. The Commission's decision was final and binding on both parties.

Independent Education Union of Australia

DECISION

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Legal Principle Established