DECISION

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

Independent Education Union of Australia
(AG2014/10327)

MARCHANT PARK KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

Application for approval of the Marchant Park Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Marchant Park 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 22 January 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, acting as a registered organisation, applied to the Fair Work Commission for the approval of the Marchant Park Kindergarten Early Childhood Education Enterprise Agreement 2014. The application was made under the Fair Work Act 2009. The primary concern was whether the agreement met the criteria for being considered "modern" and "fair" as outlined in the legislation. The dispute centred on the application's compliance with the statutory requirements and its fairness to both the employees and the employer.

The legal issues before the court included whether the application contained all necessary information required by the Fair Work Act, whether the agreement was "modern" and "fair", and whether the agreement's terms were fair and reasonable in all respects. The court also had to determine if the agreement complied with the specific provisions of the Act, particularly those relating to direct and indirect discrimination, and whether the agreement was consistent with the national minimum standards of employment.

The court held that the application for approval was valid and that the Marchant Park Kindergarten Early Childhood Education Enterprise Agreement 2014 met the criteria for being considered "modern" and "fair". The court found that the agreement contained all the necessary information and complied with the statutory requirements. The terms of the agreement were deemed fair and reasonable, and there was no evidence of direct or indirect discrimination. The court concluded that the agreement was consistent with the national minimum standards of employment and approved the application.

The Fair Work Commission approved the Marchant Park Kindergarten Early Childhood Education Enterprise Agreement 2014, confirming its compliance with the relevant legislative requirements and its fairness to the parties involved. The agreement was deemed to be effective and enforceable under the Fair Work Act.

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