DECISION

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

Independent Education Union of Australia
(AG2015/679)

DIMBULAH COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 9 APRIL 2015

Application for approval of the Dimbulah Community Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Dimbulah Community 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) by Independent Education Union of Australia.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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, will operate from 16 April 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Independent Education Union of Australia to approve the Dimbulah Community Kindergarten Early Childhood Education Enterprise Agreement 2015. The agreement sought to regulate the terms and conditions of employment for early childhood educators and other staff at the Dimbulah Community Kindergarten. The union argued that the agreement met the criteria for approval under the Fair Work Act 2009, as it provided for fair and equitable terms and conditions, and facilitated a productive and harmonious workplace.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements for enterprise agreements, including the need for it to be in writing, to be certified by the Fair Work Commission, and to provide for a good faith bargaining process. Additionally, the Commission had to consider whether the agreement provided for terms and conditions that were fair and reasonable, and whether it facilitated a productive and harmonious workplace. The Commission also had to consider whether the agreement provided for appropriate mechanisms for dispute resolution.

The Commission found that the agreement met the statutory requirements for an enterprise agreement, and that it provided for fair and reasonable terms and conditions. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including provisions for pay rates, leave entitlements, and working conditions. The Commission also found that the agreement facilitated a productive and harmonious workplace, and that it provided for appropriate mechanisms for dispute resolution. The Commission was satisfied that the agreement had been the product of genuine agreement between the parties, and that it met the criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Dimbulah Community Kindergarten Early Childhood Education Enterprise Agreement 2015, and certified it as a registered agreement under the Fair Work Act 2009. The agreement will now apply to all employees of the Dimbulah Community Kindergarten who are covered by the agreement. The Commission's decision provides certainty and stability for both the union and the employer, and ensures that the terms and conditions of employment for early childhood educators and other staff at the Dimbulah Community Kindergarten are fair and reasonable.

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