DECISION

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

Independent Education Union of Australia
(AG2015/350)

RODERICK STREET COMMUNITY PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 11 MARCH 2015

Application for approval of the Roderick Street Community Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Roderick Street Community Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2014 (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 18 March 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, on behalf of its members employed at Roderick Street Community Preschool & Kindergarten, applied to the Fair Work Commission for the approval of the 2014 enterprise agreement. The opposing party, Roderick Street Community Preschool & Kindergarten, contested the application on the basis that the agreement contained terms that were not suitable for small business employees and thus did not meet the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the terms of the proposed enterprise agreement were appropriate for small business employees and whether they complied with the requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement's terms were fair and reasonable and if they met the necessary criteria for approval.

The Fair Work Commission considered the arguments presented by both parties and reviewed the terms of the enterprise agreement. The Commission found that the agreement contained terms that were not suitable for small business employees and did not meet the criteria for approval under the Fair Work Act 2009. Consequently, the application for approval of the 2014 enterprise agreement was dismissed.

As a result of the decision, the 2014 enterprise agreement between the Independent Education Union of Australia and Roderick Street Community Preschool & Kindergarten was not approved, and the terms of the previous agreement remained in effect until a suitable agreement was negotiated and approved by the Fair Work Commission.

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