DECISION

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

Independent Education Union of Australia
(AG2015/2098)

ST. MARY'S CHILD CARE CENTRE TEACHERS EARLY AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 17 MARCH 2015

Application for approval of the St. Mary's Child Care Centre Teachers Early Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St. Mary's Child Care Centre Teachers Early 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 24 March 2015. The nominal expiry date of the Agreement is 31 July 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia filed an application for approval of the St. Mary's Child Care Centre Teachers Early Agreement 2015 before the Fair Work Commission. The agreement in question was negotiated between the Union and the employer, St. Mary's Child Care Centre, and aimed to establish terms and conditions for teachers employed by the centre. The central issue before the Commission was whether the agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it adhered to the provisions outlined in the Act.

The Fair Work Commission examined the contents of the agreement, focusing on various aspects such as pay rates, working hours, leave entitlements, and dispute resolution mechanisms. The Commission had to ensure that the agreement did not disadvantage employees and that it aligned with the principles of fairness and reasonableness as stipulated in the Act. The Union argued that the agreement was fair and reasonable, while the employer supported its approval. After thorough consideration of the submissions and the provisions of the agreement, the Commission found that the agreement provided for fair and reasonable terms and conditions for the teachers.

In its decision, the Fair Work Commission approved the St. Mary's Child Care Centre Teachers Early Agreement 2015, stating that it met the necessary standards for approval under the Fair Work Act 2009. The Commission concluded that the agreement was fair and reasonable, and that it adhered to the provisions of the Act. The Commission noted that the agreement provided for adequate pay rates, reasonable working hours, appropriate leave entitlements, and effective dispute resolution mechanisms. The approval of the agreement was seen as a positive step towards ensuring fair and reasonable terms and conditions for teachers employed by the centre.

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