DECISION

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

Independent Education Union of Australia
(AG2014/10469)

AYR COMMUNITY KINDERGARTEN ASSOCIATION INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 22 JANUARY 2015

Application for approval of the Ayr Community Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Ayr Community Kindergarten Association 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 29 January 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia lodged an application for approval of the Ayr Community Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2015. The Ayr Community Kindergarten Association Inc, which operates a community-based kindergarten in Ayr, Queensland, had entered into an agreement with the Union representing its employees, outlining terms and conditions of employment. The Commission was tasked with assessing whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained the minimum terms and conditions as prescribed by the Act and the relevant awards. Specifically, the Commission had to determine if the agreement complied with the requirements for proper enterprise bargaining, including whether it was made in good faith and whether it was free from any unlawful content. The Union argued that the agreement was a fair reflection of the bargaining process, while the Association contended that it failed to meet the necessary criteria.

The Commission found that the agreement had been made in good faith and contained all the minimum terms and conditions required by the Act. It acknowledged the complexity of the bargaining process and the efforts made by both parties to reach a fair and reasonable outcome. The Commission concluded that the agreement met all the statutory requirements and approved it. The Union's application was thus successful.

In approving the agreement, the Commission issued a certificate under section 233 of the Fair Work Act 2009, effective from 1 April 2015. The certificate confirmed that the agreement was made in accordance with the Act and set out the terms and conditions that would apply to employees covered by the agreement. This decision provided certainty and stability for both the employees and the employer, ensuring compliance with the relevant employment laws.

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