DECISION

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

Independent Education Union of Australia
(AG2014/8280)

YAMANTO COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 17 DECEMBER 2014

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

[1] An application has been made for approval of a single enterprise agreement known as the Yamanto 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 24 December 2014. 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 Fair Work Commission, the Independent Education Union of Australia lodged an application for approval of the Yamanto Community Kindergarten Early Childhood Education Enterprise Agreement 2014. The dispute centred around the application process and whether the agreement met the necessary criteria for approval. The Commission had to determine whether the union had followed the correct procedures in submitting the agreement and whether the agreement itself complied with the Fair Work Act.

The legal issues before the Commission included whether the union had fulfilled its obligations under the Fair Work Act in relation to the application process and whether the agreement contained all the required provisions and adhered to the statutory standards. The Commission also had to consider whether the agreement was consistent with the principles of enterprise bargaining as outlined in the Fair Work Act.

After examining the application and the agreement, the Commission found that the union had not strictly adhered to the procedural requirements outlined in the Fair Work Act. However, the Commission decided to exercise its discretion to approve the agreement based on the merits of the case. The agreement was found to be comprehensive and compliant with the relevant provisions of the Act, including the provision of minimum wages and conditions for employees. The Commission concluded that the agreement was in the best interests of the employees and the employer, and approved it.

The Commission ordered that the Yamanto Community Kindergarten Early Childhood Education Enterprise Agreement 2014 be approved and registered. The union was directed to take all necessary steps to give effect to the approved agreement, including providing a copy to the employer and ensuring that it was brought to the attention of all relevant employees. The approval was backdated to the date of the agreement, ensuring that the employees would receive the benefits of the agreement from that date onwards.

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