DECISION

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

Independent Education Union of Australia
(AG2015/682)

KOOKABURRA CREEK KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 9 APRIL 2015

Application for approval of the Kookaburra Creek Kindergarten Early Childhood Education Enterprise Agreement 2015.

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

In the Federal Court of Australia, the Independent Education Union of Australia lodged an application for the approval of the Kookaburra Creek Kindergarten Early Childhood Education Enterprise Agreement 2015. The respondent to the application was Kookaburra Creek Kindergarten Pty Ltd. The central issue before the Court was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The Court examined the agreement to determine if it complied with the requirements for being a "single, integrated, and effective" enterprise agreement. This included assessing whether the agreement covered all employees of the respondent, if it contained minimum terms and conditions of employment, and if it adhered to the procedural requirements set out in the Act. The Court also needed to consider whether the agreement included provisions that were consistent with the national minimum safety and wage standards.

The Court concluded that the agreement satisfied all the legislative criteria for approval. It covered all employees of the respondent, contained the requisite minimum terms and conditions, and adhered to the procedural requirements. The agreement also included provisions consistent with the national minimum safety and wage standards. Consequently, the Court approved the agreement.

The Court ordered that the Kookaburra Creek Kindergarten Early Childhood Education Enterprise Agreement 2015 be approved as a certified agreement under the Fair Work Act 2009, effective from the date of the Court's order.

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