DECISION

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

Independent Education Union of Australia
(AG2014/10356)

CAMIRA COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

Application for approval of the Camira Community Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Camira Community 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 parties involved in this case are the Independent Education Union of Australia and the Camira Community Kindergarten. The dispute concerns the approval of the Camira Community Kindergarten Early Childhood Education Enterprise Agreement 2014. The case was heard in the Fair Work Commission.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically focusing on whether it complied with the provisions for minimum entitlements and whether it was free from prohibited content. The Union argued that certain terms in the agreement were unfair and not in line with minimum standards. The Kindergarten, on the other hand, asserted that the agreement was fair and met all legal requirements.

In delivering its decision, the Commission carefully reviewed the terms of the agreement against the Fair Work Act. It found that while the agreement contained some provisions that could be considered harsh or unfair, these did not render the agreement unlawful as a whole. The Commission determined that the agreement could be approved with minor modifications to address specific concerns regarding the unfair terms. The Commission concluded that the overall agreement was in the best interest of the employees and did not contravene the minimum standards set by the Act.

The final orders of the Commission included the approval of the Camira Community Kindergarten Early Childhood Education Enterprise Agreement 2014, subject to certain modifications to remove the unfair terms identified during the review. These modifications ensured compliance with the Fair Work Act, thereby providing a fair and lawful agreement for the employees.

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