DECISION

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

Independent Education Union of Australia
(AG2014/10328)

MACKAY KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

Application for approval of the Mackay Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Mackay Kindergarten & 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 parties involved in this matter are the Independent Education Union of Australia (the Applicant) and the Department of Education and Training (the Respondent). The Applicant sought approval for the Mackay Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2014 from the Fair Work Commission. The Agreement aimed to regulate the terms and conditions of employment for early childhood educators within the Mackay region. The legal issues before the Court centred on whether the Agreement provided for fair and reasonable terms and conditions, and whether it complied with the statutory requirements of the Fair Work Act 2009. The Applicant argued that the Agreement was fair and reasonable, while the Respondent contended that it did not comply with the Act and should not be approved.

The Court examined the Agreement's provisions and considered whether it provided for fair and reasonable terms and conditions of employment. The Court also assessed whether the Agreement complied with the statutory requirements of the Fair Work Act 2009. The Applicant argued that the Agreement was fair and reasonable and provided for a reasonable balance of interests between employers and employees. The Respondent, on the other hand, contended that the Agreement did not comply with the statutory requirements and that certain provisions were unfair and unreasonable. The Court found that the Agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the statutory requirements of the Fair Work Act 2009. The Court was satisfied that the Agreement provided for a reasonable balance of interests between employers and employees and that it was consistent with the principles of the Fair Work Act 2009.

The Court approved the Mackay Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2014. The Court found that the Agreement was fair and reasonable and provided for a reasonable balance of interests between employers and employees. The Court was satisfied that the Agreement complied with the statutory requirements of the Fair Work Act 2009. The Court's decision to approve the Agreement will provide certainty and stability to early childhood educators within the Mackay region and will ensure that they are provided with fair and reasonable terms and conditions of employment. The approval of the Agreement is a positive outcome for both employers and employees and will help to promote industrial harmony in the early childhood education sector.

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