DECISION

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

Independent Education Union of Australia
(AG2015/2383)

LYREBIRD PRESCHOOL KINDERGARTEN NOWRA EAST INC. EMPLOYEE COLLECTIVE AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	BRISBANE, 5 MAY 2015

Application for approval of the Lyrebird Preschool Kindergarten Nowra East Inc. Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lyrebird Preschool Kindergarten Nowra East Inc. Employee 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 12 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

In the matter of Independent Education Union of Australia, the applicant sought approval of the Lyrebird Preschool Kindergarten Nowra East Inc. Employee Collective Agreement 2015. The application was heard by the Fair Work Commission, which is responsible for overseeing and approving such agreements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Act and whether it contained appropriate provisions for employee protection and fair work standards. This involved assessing whether the agreement contained all the prescribed minimum terms and conditions, and whether it complied with the Act’s objectives of facilitating a productive workplace relations system.

The Commission found that the agreement was largely compliant with the statutory requirements, though it noted some minor deficiencies. The Commission concluded that these deficiencies were not significant enough to warrant rejection of the agreement but required correction. The Commission approved the agreement with the condition that the applicant make the necessary amendments within a specified timeframe. The outcome balanced the need for regulatory compliance with the practicalities of workplace agreements.

The final orders of the Commission required the applicant to make the specified amendments to the agreement within a set period and to notify the Commission upon completion. The Commission retained jurisdiction to review the agreement if there were any subsequent disputes regarding its terms or compliance.

Independent Education Union of Australia

DECISION

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Background to the litigation

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Legal Principle Established