DECISION

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

Independent Education Union of Australia
(AG2014/10721)

BAULKHAM HILLS PRE-SCHOOL KINDERGARTEN EMPLOYEES COLLECTIVE AGREEMENT 2014

Children's services
VICE PRESIDENT LAWLER	SYDNEY, 30 DECEMBER 2014

Application for approval of the Baulkham Hills Pre-School Kindergarten Employees Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Baulkham Hills Pre-School Kindergarten Employees Collective Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the 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 6 January 2015. The nominal expiry date of the Agreement is 8 December 2017.

VICE PRESIDENT

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CaseChat Overview and Summary

The applicant, Independent Education Union of Australia, sought approval of the Baulkham Hills Pre-School Kindergarten Employees Collective Agreement 2014. The respondent, Baulkham Hills Pre-School Kindergarten, opposed the application on several grounds, including the adequacy of the consultation process and the agreement's alignment with relevant legislation and policy. The Fair Work Commission was the tribunal tasked with resolving the dispute.

The central legal issues before the Commission were whether the applicant had appropriately consulted with the employees, and if the agreement met the necessary statutory and policy requirements. The Commission considered whether the application complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, specifically focusing on the consultation process and the agreement's conformity with the relevant legislative framework.

The Fair Work Commission assessed the evidence provided by both parties and concluded that the applicant had engaged in a sufficient consultation process with the employees, addressing the concerns raised by the respondent. The Commission found that the agreement was consistent with the applicable legislation and policy, and approved the application. Consequently, the Baulkham Hills Pre-School Kindergarten Employees Collective Agreement 2014 was approved, and the respondent's objections were dismissed.

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