DECISION

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

Independent Education Union of Australia
(AG2015/415)

CLAYFIELD PRE-PREP BAYVIEW TERRACE INC. EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 11 MARCH 2015

Application for approval of the Clayfield Pre-Prep Bayview Terrace Inc. Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Clayfield Pre-Prep Bayview Terrace Inc. 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 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 matter before the Fair Work Commission involved the Independent Education Union of Australia and Clayfield Pre-Prep Bayview Terrace Inc., with a focus on the approval of the Clayfield Pre-Prep Bayview Terrace Inc. Early Childhood Education Enterprise Agreement 2015. The union sought the Commission's approval of the agreement, which aimed to establish terms and conditions of employment for employees in the early childhood education sector. The Commission was tasked with assessing whether the agreement met the legal standards for approval as set out in the Fair Work Act 2009.

The central legal issues the Commission had to address were whether the agreement contained all the mandated terms, adhered to procedural fairness, and met the good faith bargaining requirements. Additionally, the Commission considered whether the agreement was in the best interests of the employees and if it complied with the statutory minimum standards for wages and conditions. The union argued that the agreement was fair and met all legal requirements, while the employer contended that the agreement was reasonable and had been negotiated in good faith.

In its decision, the Commission examined the procedural aspects of the agreement's formation, confirming that the union and employer had engaged in genuine negotiations. The Commission found that the agreement satisfied all the mandatory terms and conditions as stipulated in the Fair Work Act, and that it provided for fair remuneration and conditions for the employees. The Commission also determined that the agreement was in the best interests of the employees, as it offered fair and reasonable terms that were negotiated in good faith. Consequently, the Commission approved the Clayfield Pre-Prep Bayview Terrace Inc. Early Childhood Education Enterprise Agreement 2015, finding it to be compliant with all legal requirements.

The Fair Work Commission approved the Clayfield Pre-Prep Bayview Terrace Inc. Early Childhood Education Enterprise Agreement 2015, thereby establishing the terms and conditions of employment for the relevant employees. The Commission's decision confirmed that the agreement met all legal standards for approval, including the mandatory terms, procedural fairness, good faith bargaining, and compliance with statutory minimum standards. The union's application for approval was thus successful, and the agreement was endorsed for implementation.

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