DECISION

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

Independent Education Union of Australia
(AG2014/10357)

LOWOOD AND DISTRICT COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

Application for approval of Lowood and District Community Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Lowood and District Community Kindergarten 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 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 applicant, Independent Education Union of Australia, sought approval of the Lowood and District Community Kindergarten Early Childhood Education Enterprise Agreement 2015. The application was heard by the Fair Work Commission, with Commissioner McCabe presiding. The applicant argued that the proposed agreement contained provisions that were in the best interests of the employees and should be approved under the Fair Work Act 2009.

The central legal issue was whether the provisions of the agreement were in the best interests of the employees. The applicant argued that the agreement included terms and conditions that were fair and reasonable, and that the process followed to reach the agreement was valid and compliant with the relevant legislative framework. The applicant also submitted that the agreement contained provisions that addressed the specific needs of the employees and improved their working conditions.

The Commission considered the evidence and submissions presented by both parties and concluded that the agreement contained provisions that were in the best interests of the employees. The Commission found that the agreement was a bona fide enterprise agreement and that the process followed to reach the agreement was valid and compliant with the Fair Work Act. The Commission also found that the agreement contained provisions that addressed the specific needs of the employees and improved their working conditions. The Commission approved the application and the agreement was registered on the Commonwealth Register of Industrial Agreements.

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