DECISION

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

Independent Education Union of Australia
(AG2014/8272)

BROADBEACH WATERS KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 12 DECEMBER 2014

Application for approval of the Broadbeach Waters Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Broadbeach Waters Kindergarten & 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 19 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

The Independent Education Union of Australia brought an application before the Fair Work Commission to approve the Broadbeach Waters Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2014. The respondent to the application was Broadbeach Waters Kindergarten & Preschool. The matter arose as the parties sought to finalise an agreement that would regulate the terms and conditions of employment for early childhood educators within the respondent's organisation. The primary issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly with respect to the procedural fairness in the bargaining process and the substantive terms of the agreement.

The Commission examined whether the agreement had been fairly negotiated and if it contained terms and conditions that were within the scope of the permitted matters for enterprise agreements. It was necessary to determine if the union had genuinely represented the employees and if the agreement had been properly presented to the workforce for a vote. The Commission also considered whether the terms of the agreement were consistent with the objectives of the Act, which include promoting high wages and conditions, and maintaining and promoting productivity, economic performance and employment. The Commission found that the bargaining process had been conducted in a manner that was procedurally fair, and the agreement contained terms and conditions that were not only procedurally sound but also substantively fair and reasonable.

In reaching its decision, the Commission noted that the union had properly represented the employees and that the agreement had been adequately presented to the workforce for a vote. Furthermore, the terms of the agreement were considered to be within the scope of permissible matters for an enterprise agreement and did not undermine the objectives of the Fair Work Act. The Commission concluded that the proposed agreement was in compliance with all statutory requirements and was therefore approved. The final orders of the Commission included the approval of the Broadbeach Waters Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2014, effective from the date of the decision.

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