DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/2077)

KOALA PLAYSCHOOL INC EMPLOYEE COLLECTIVE AGREEMENT 2015

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 17 MARCH 2015

Application for approval of the Koala Playschool Inc Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Koala Playschool 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 24 March 2015. The nominal expiry date of the Agreement is 15 October 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Independent Education Union of Australia to approve the Koala Playschool Inc Employee Collective Agreement 2015. The agreement was intended to regulate the terms and conditions of employment for staff at the Koala Playschool Inc. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues for the court to determine were whether the agreement contained the mandatory terms prescribed by the Act, and whether it was free from prohibited content. The court examined whether the agreement satisfied the formal requirements, such as being in writing and being signed by authorised representatives of both parties. Furthermore, the court assessed whether the agreement complied with the provisions relating to minimum entitlements, including wages, leave, and other conditions of employment, while also ensuring it did not contain any prohibited content, such as terms that would undermine the operation of the Act or the rights of employees.

In its decision, the Fair Work Commission found that the Koala Playschool Inc Employee Collective Agreement 2015 complied with the statutory requirements. The agreement contained all the mandatory terms and was free from prohibited content. The Commission noted that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms for the employees. The court also highlighted the importance of ensuring that agreements were not only legally compliant but also practical in their application within the workplace.

The Fair Work Commission approved the Koala Playschool Inc Employee Collective Agreement 2015, subject to the parties implementing the agreement in accordance with its terms. This decision confirmed the importance of ensuring that employment agreements are both legally compliant and fair to all parties involved.

Independent Education Union of Australia

DECISION

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