DECISION

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

Independent Education Union of Australia
(AG2014/10355)

WYNNUM GENERAL GORDON COMMUNITY PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

Application for approval of the Wynnum General Gordon Community Preschool Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Wynnum General Gordon Community Preschool 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 filed an application for the approval of the Wynnum General Gordon Community Preschool Early Childhood Education Enterprise Agreement 2014. The respondents to the application were the Independent Education Union of Australia (Queensland Branch), and the Wynnum General Gordon Community Preschool. The nature of the dispute was whether the proposed agreement was suitable for the approval process under the relevant industrial relations legislation.

The court was required to determine whether the agreement met the necessary criteria for approval, including whether it complied with the procedural requirements and substantive provisions of the relevant industrial relations laws. This involved examining whether the agreement was negotiated in good faith, whether it addressed the rights and obligations of both parties, and whether it complied with any relevant minimum standards.

The court concluded that the application should be approved, finding that the agreement was properly negotiated and met all the necessary criteria. The court was satisfied that the agreement was made in good faith and addressed the rights and obligations of both parties. The court also found that the agreement complied with all relevant minimum standards and procedural requirements. The court noted that the agreement provided for fair and reasonable terms for both parties and was in the best interests of the employees and the employer.

The court approved the Wynnum General Gordon Community Preschool Early Childhood Education Enterprise Agreement 2014, and ordered that it be registered with the relevant industrial relations authority. The court's decision provides guidance for future enterprise agreements in the early childhood education sector and affirms the importance of good faith bargaining and compliance with industrial relations 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