DECISION

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

Independent Education Union of Australia
(AG2014/10810)

MORUYA PRESCHOOL KINDERGARTEN INC. EMPLOYEE COLLECTIVE AGREEMENT 2014

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 12 JANUARY 2015

Application for approval of the Moruya Preschool Kindergarten Inc Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Moruya Preschool Kindergarten Inc Employee Collective Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Independent Education Union of Australia. The Agreement is a single-enterprise agreement.

[2] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2015. The nominal expiry date of the Agreement is 19 January 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Independent Education Union of Australia and Moruya Preschool Kindergarten Inc. The matter was brought before the Fair Work Commission to seek approval of the Employee Collective Agreement 2014. This agreement, if approved, would set the terms and conditions of employment for employees of the kindergarten. The nature of the dispute was whether the proposed agreement complied with the Fair Work Act 2009 and if it appropriately balanced the interests of both employers and employees.

The legal issues at hand involved scrutinising the proposed agreement to ensure it adhered to the requirements of the Fair Work Act 2009. This included verifying that the agreement contained all the mandated minimum terms and conditions, that it did not include prohibited content, and that it had been negotiated in good faith. Additionally, the court had to consider whether the agreement was in the best interests of the employees and if it allowed for fair and effective bargaining. The Commission also needed to ensure that the agreement provided appropriate protections and benefits for the employees while still allowing the employer to run the preschool effectively.

The Fair Work Commission, in assessing the proposed agreement, determined that it complied with the Fair Work Act 2009 and was in the best interests of the employees. The agreement contained all the necessary minimum terms and conditions, and it was evident that it had been negotiated in good faith. The Commission found that the agreement was fair and balanced, providing appropriate protections and benefits for the employees while allowing the employer to manage the preschool effectively. Consequently, the Commission approved the Moruya Preschool Kindergarten Inc Employee Collective Agreement 2014, and it is now in effect.

No further orders were made by the Commission beyond the approval of the collective agreement. The agreement now governs the employment terms and conditions for employees of Moruya Preschool Kindergarten Inc. This decision ensures that both parties can operate within a legally compliant and fair framework, promoting stability and effective industrial relations within the preschool.

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