DECISION

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

Independent Education Union of Australia
(AG2014/8273)

TANNUM SANDS KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 19 FEBRUARY 2015

Application for approval of the Tannum Sands Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Tannum Sands 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 26 February 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia filed an application seeking approval of the Tannum Sands Kindergarten Early Childhood Education Enterprise Agreement 2014. The matter involved the terms and conditions of employment for staff at the Tannum Sands Kindergarten, and the Commission was tasked with assessing whether the proposed agreement was fair and reasonable, in line with the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the provisions of the proposed enterprise agreement met the criteria for being deemed a "modern award." This included examining whether the agreement provided for minimum rates of pay, conditions, and entitlements that were at least equal to or better than those set out in the relevant modern award. The Commission also had to consider whether the agreement contained any provisions that were unfair or contrary to public policy.

The Commission found that the proposed agreement did not meet the statutory criteria for being a modern award. It concluded that the agreement did not adequately address certain matters that are typically covered by modern awards, such as provisions for casual loading and shift penalties. Additionally, the Commission determined that certain clauses within the agreement were unfair, as they imposed conditions on employees that were more onerous than those provided for in the applicable modern award. As a result, the Commission did not grant approval of the proposed agreement.

The Commission did not approve the proposed enterprise agreement, finding it did not meet the statutory criteria for being a modern award and contained unfair provisions. The agreement was thus not approved and did not come into effect.

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