DECISION

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

Independent Education Union of Australia
(AG2014/10166)

STONES CORNER COMMUNITY KINDERGARTEN INC. EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 14 JANUARY 2015

Application for approval of the Stones Corner Community Kindergarten Inc. Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Stones Corner Community Kindergarten Inc. 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 21 January 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Stones Corner Community Kindergarten Inc. Early Childhood Education Enterprise Agreement 2014. The Independent Education Union of Australia was the applicant, seeking approval for the agreement which would govern the employment conditions of early childhood educators within the kindergarten. The application was opposed by the employer, Stones Corner Community Kindergarten Inc.

The primary legal issue the court had to address was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing if the agreement covered all the mandatory topics prescribed by the Act, whether it was free from prohibited content, and if it complied with the good faith bargaining obligations. The court also needed to consider the fairness of the terms and conditions proposed in the agreement, particularly in relation to pay and conditions for the employees involved.

The Fair Work Commission evaluated the agreement by examining its compliance with the legislative framework. The Commission found that the agreement comprehensively addressed all mandatory topics and did not include any prohibited content. It was also determined that the bargaining process was conducted in good faith, with both parties engaging in meaningful discussions. The terms and conditions were deemed to be fair and reasonable, considering the specific circumstances of the kindergarten and the nature of the work performed by the educators. Consequently, the Commission approved the agreement, recognising its benefits in providing a clear and fair framework for the employment of early childhood educators.

The Fair Work Commission approved the Stones Corner Community Kindergarten Inc. Early Childhood Education Enterprise Agreement 2014, confirming its compliance with the statutory requirements and its fairness in terms of pay and conditions. This decision provides certainty and stability for both the employer and the employees, ensuring that the agreement will govern their employment relationship effectively.

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