DECISION

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

Independent Education Union of Australia
(AG2014/10330)

MT LOUISA SUBURBS KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 14 JANUARY 2015

Application for approval of the Mt Louisa Suburbs Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Mt Louisa Suburbs 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] An undertaking was provided by the employer at the time of lodging the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] 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.

[5] 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

In the matter of the Industrial Relations Act 2016, Independent Education Union of Australia applied for approval of the Mt Louisa Suburbs Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2014. The respondent, Mt Louisa Suburbs Kindergarten & Preschool Early Childhood Education, did not oppose the application. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the requirements of the Act for approval.

The primary legal issue was whether the agreement complied with the legislative requirements for enterprise agreements, including whether the agreement was in writing, whether it was made in good faith and whether it provided for a proper process for the resolution of disputes. The agreement was to be assessed against the relevant provisions of the Industrial Relations Act 2016.

The Commission found that the agreement was in writing, had been made in good faith and provided for a proper process for the resolution of disputes. The agreement contained all the required terms and conditions of employment, as well as provisions for dispute resolution and the agreement had been negotiated between the parties. The Commission was satisfied that the agreement met all the legislative requirements for approval. The application was approved and the agreement was registered under the Act.

The Commission approved the agreement and ordered its registration under the Industrial Relations Act 2016. The agreement was to be in effect from the date of registration and would remain in force until terminated or varied in accordance with its terms or the Act.

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