DECISION

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

Independent Education Union of Australia
(AG2014/10163)

ATHERTON COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 13 JANUARY 2015

Application for approval of the Atherton Community Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Atherton Community 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 20 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 applicants, the Independent Education Union of Australia, brought an application before the Fair Work Commission for approval of the Atherton Community Kindergarten Early Childhood Education Enterprise Agreement 2014. The respondents, the Atherton Community Kindergarten, opposed the application on the grounds that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute arose from the union's assertion that the agreement was necessary for the fair and efficient operation of the kindergarten, while the respondents contended that the agreement did not comply with the statutory requirements and had not been fairly negotiated.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. This involved examining the agreement's compliance with the requirements for genuine agreement, fairness, and the provisions of the Act. The Commission had to determine whether the agreement was genuinely negotiated and whether it provided for the fair and efficient operation of the kindergarten. Furthermore, the Commission assessed whether the agreement met the criteria for being a "single interest" enterprise agreement and whether it contained the necessary minimum terms and conditions.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The Commission noted that the union and the respondents had engaged in good faith negotiations, and the agreement reflected the interests of both parties. The Commission was satisfied that the agreement provided for the fair and efficient operation of the kindergarten and contained the necessary minimum terms and conditions. The agreement was found to be a single interest enterprise agreement, and it met the criteria for approval under the Fair Work Act 2009. Consequently, the Commission approved the Atherton Community Kindergarten Early Childhood Education Enterprise Agreement 2014.

The Fair Work Commission approved the Atherton Community Kindergarten Early Childhood Education Enterprise Agreement 2014, finding that it met the statutory requirements for approval under the Fair Work Act 2009. The Commission determined that the agreement was genuinely negotiated and provided for the fair and efficient operation of the kindergarten. The agreement was found to be a single interest enterprise agreement and contained the necessary minimum terms and conditions. The Commission's decision was binding on both the Independent Education Union of Australia and the Atherton Community Kindergarten.

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