DECISION

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

Independent Education Union of Australia
(AG2015/905)

ESK AND DISTRICT KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 21 MAY 2015

Application for approval of the Esk and District Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Esk and District 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 28 May 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 Esk and District Kindergarten Early Childhood Education Enterprise Agreement 2015. The application was made on behalf of the union's members who were employed by the Esk and District Kindergarten Association. The union sought approval for the agreement to become a registered agreement under the Fair Work Act 2009. The application was contested by the employer, who raised concerns about the agreement's provisions.

The legal issues before the Fair Work Commission included whether the agreement met the formal requirements for approval, whether the agreement was made in good faith, and whether the agreement was in the best interests of the employees. The employer argued that the agreement did not comply with the formal requirements for approval, and that some of its provisions were not in the best interests of the employees. The union submitted that the agreement was made in good faith and was in the best interests of the employees.

The Fair Work Commission held that the agreement met the formal requirements for approval and was made in good faith. The Commission found that the employer had not demonstrated that the agreement was not in the best interests of the employees. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees. The employer's concerns about certain provisions were not sufficient to prevent the agreement from being approved.

The Fair Work Commission approved the Esk and District Kindergarten Early Childhood Education Enterprise Agreement 2015 as a registered agreement under the Fair Work Act 2009. The employer's concerns about the agreement's provisions were not sufficient to prevent its approval. The agreement provides for fair and reasonable terms and conditions of employment for the employees and is in their best interests.

Independent Education Union of Australia

DECISION

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