DECISION

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

Independent Education Union of Australia
(AG2014/10164)

BURLEIGH HEADS KINDERGARTEN AND PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 13 JANUARY 2015

Application for approval of the Burleigh Heads Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Burleigh Heads Kindergarten and 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] 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 20 January 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Burleigh Heads Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2014. The matter was heard in the Fair Work Commission. The legal issues revolved around whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the union had to demonstrate that the agreement was in the interests of the employees, complied with the good faith bargaining provisions, and adhered to the relevant provisions of the National Employment Standards and other applicable awards and agreements.

The commission examined the submissions from both the union and the employer, considering the specific terms of the agreement and the evidence presented. The commission determined that the agreement satisfied the necessary criteria for approval. The union had effectively demonstrated that the agreement was in the interests of the employees and complied with the good faith bargaining provisions. Furthermore, the agreement adhered to the relevant provisions of the National Employment Standards and other applicable awards and agreements.

The commission approved the Burleigh Heads Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2014, effective from the date of the decision. The agreement now provides the terms and conditions of employment for the relevant employees, and both parties are bound by its provisions.

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