DECISION

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

Independent Education Union of Australia
(AG2014/10719)

KURRI KURRI & DISTRICT PRE-SCHOOL KINDERGARTEN EMPLOYEE COLLECTIVE AGREEMENT 2014

Children's services
VICE PRESIDENT LAWLER	SYDNEY, 23 JANUARY 2015

Application for approval of the Kurri Kurri & District Pre-School Kindergarten Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kurri Kurri & District Pre-School Kindergarten Employee Collective Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2015. The nominal expiry date of the Agreement is 1 September 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Independent Education Union of Australia sought approval for the Kurri Kurri & District Pre-School Kindergarten Employee Collective Agreement 2014 from the Fair Work Commission. The matter involved the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009 in relation to the terms and conditions of employment for pre-school kindergarten employees in the Kurri Kurri district. The Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval, including fairness and reasonableness, and if it complied with the relevant legislation.

The primary legal issue before the Commission was whether the terms and conditions outlined in the proposed collective agreement were fair and reasonable. This involved examining various aspects of the agreement, including wages, allowances, leave entitlements, and other employment conditions, to ensure they did not disadvantage the employees and were in line with the principles of the Fair Work Act. The Commission also needed to assess if the agreement provided an appropriate balance between the interests of the employers and the employees, and whether it adhered to the requirements set forth by the Fair Work Regulations.

The Fair Work Commission found that the proposed collective agreement was fair and reasonable. The Commission noted that the agreement provided for appropriate wage rates and conditions that were consistent with those in similar agreements within the industry. It also found that the agreement did not place any undue disadvantage on the employees and was in line with the statutory requirements. The Commission concluded that the agreement met all necessary criteria and was thus eligible for approval under the Fair Work Act.

As a result of the Commission's decision, the Independent Education Union of Australia's application for approval of the Kurri Kurri & District Pre-School Kindergarten Employee Collective Agreement 2014 was approved. The agreement is now in effect and governs the terms and conditions of employment for pre-school kindergarten employees in the Kurri Kurri district. The decision ensures that the employees benefit from fair and reasonable employment conditions that are compliant with the Fair Work Act and Regulations.

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