DECISION

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

Independent Education Union of Australia
(AG2014/10165)

ISIS COMMUNITY PRESCHOOL AND KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

Application for approval of the Isis Community Preschool and Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Isis Community Preschool and 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 applicant, the Independent Education Union of Australia, sought approval of the Isis Community Preschool and Kindergarten Early Childhood Education Enterprise Agreement 2014, from the Fair Work Commission. The respondent, the Isis Community Preschool and Kindergarten, argued the agreement was not suitable for approval on the basis that it was not a genuine enterprise agreement. The matter was heard in the Fair Work Commission, presided over by Commissioner McGaughey.

The central legal issue was whether the agreement in question was a genuine enterprise agreement as required by the Fair Work Act 2009. The respondent argued that the agreement did not meet the requirements for genuineness because it was not negotiated between the parties in good faith. The respondent claimed that the agreement had been imposed on the employer and did not reflect the true intentions of the parties involved. The applicant, on the other hand, argued that the agreement was negotiated in good faith and was a genuine enterprise agreement.

The Fair Work Commission considered the evidence presented by both parties and found that the agreement was, in fact, a genuine enterprise agreement. The Commission noted that there was evidence of genuine negotiation and that the agreement reflected the intentions of both parties. The Commission also found that the respondent had not demonstrated that the agreement was not suitable for approval on any other grounds. Therefore, the application for approval of the agreement was successful.

The Fair Work Commission approved the Isis Community Preschool and Kindergarten Early Childhood Education Enterprise Agreement 2014, and it became a legally binding agreement between the parties. The Commission's decision emphasised the importance of genuine negotiation in the enterprise agreement process and the need for parties to act in good faith when negotiating agreements. This case serves as a reminder to employers and unions to ensure that any enterprise agreements reached are genuinely negotiated and reflect the true intentions of the parties involved.

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