DECISION

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

Independent Education Union of Australia
(AG2015/681)

HOME HILL COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 9 APRIL 2015

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

[1] An application has been made for approval of a single enterprise agreement known as the Home Hill 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Home Hill Community Kindergarten Early Childhood Education Enterprise Agreement 2015 from the Fair Work Commission. The application arose out of negotiations between the union and the employer, Home Hill Community Kindergarten, which had resulted in an agreement that the union claimed was fair and reasonable. The union argued that the agreement was an improvement over the existing arrangements and provided better terms and conditions for the employees.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was appropriately certified by the relevant union as meeting the requirements of the Act. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it complied with the procedural requirements for certification.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement met the statutory requirements for approval. The Commission noted that the agreement provided for improvements in the terms and conditions of employment for the employees, including increased pay rates and better access to training and development opportunities. The Commission also found that the agreement was appropriately certified by the relevant union and that it was in the best interests of the employees. The Commission approved the agreement, subject to certain modifications to ensure compliance with the procedural requirements of the Act.

The Fair Work Commission approved the Home Hill Community Kindergarten Early Childhood Education Enterprise Agreement 2015, subject to certain modifications. The Commission found that the agreement met the statutory requirements for approval under the Fair Work Act 2009, and that it provided for fair and reasonable terms and conditions for the employees. The Commission also found that the agreement was appropriately certified by the relevant union and that it was in the best interests of the employees. The modifications to the agreement related to the procedural requirements for certification and were intended to ensure compliance with the Act.

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