DECISION

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

Independent Education Union of Australia
(AG2014/10341)

TAROOM KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 14 JANUARY 2015

Application for approval of the Taroom Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Taroom 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 21 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 Independent Education Union of Australia lodged an application with the Fair Work Commission for approval of the Taroom Kindergarten Early Childhood Education Enterprise Agreement 2015. The union sought to have the agreement registered with the Fair Work Commission under section 232 of the Fair Work Act 2009. The application was contested by the applicant employer, Taroom Kindergarten and Pre-School Incorporated. The legal issues that the Commission was required to decide were whether the agreement was a "good faith" agreement, whether it contained the minimum terms and conditions required by law, and whether it complied with the procedural requirements of the Fair Work Act.

The Commission determined that the agreement was a genuine agreement reached in good faith. The agreement contained all the required minimum terms and conditions of employment, including the national minimum wage, penalty rates, leave entitlements, and maximum weekly hours. The Commission was satisfied that the union had provided adequate information and consultation to its members and that the agreement had been properly negotiated. The employer had also demonstrated that it had made a genuine effort to negotiate with the union. The Commission found that the agreement complied with the procedural requirements of the Fair Work Act and approved the application for registration.

The Commission made an order approving the Taroom Kindergarten Early Childhood Education Enterprise Agreement 2015 and registered it with the Fair Work Commission. The agreement is now a legally binding document between the employer and the union and its members. The employer is required to comply with the terms of the agreement, and the union and its members are entitled to rely on the agreement in their dealings with the employer. The registration of the agreement ensures that the parties have a clear and certain understanding of their rights and obligations under the agreement.

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