DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/10045)

BERKELEY VALE PRE SCHOOL KINDERGARTEN EMPLOYEE COLLECTIVE AGREEMENT 2014

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 3 DECEMBER 2014

Application for approval of the Berkeley Vale Pre School Kindergarten Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Berkeley Vale Pre School Kindergarten Employee Collective Agreement 2014 (“the Agreement”). The application has been made by the Independent Education Union of Australia (“the IEU”), as employee organisation bargaining representative, pursuant to s.185 of the Fair Work Act 2009 (“the Act”). 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 relevant to this application for approval has been met. Berkeley Vale Pre School Kindergarten Inc. has provided a written undertaking addressing a discrete matter. A copy of the undertaking is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The IEU concurs with the undertaking and has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 December 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval for the Berkeley Vale Pre School Kindergarten Employee Collective Agreement 2014. The application was brought before the Fair Work Commission, which was required to assess whether the agreement complied with the relevant legislative requirements. The dispute centred around the adequacy of the agreement in providing for fair and reasonable terms and conditions for the employees of the Berkeley Vale Pre School Kindergarten. The commission was tasked with ensuring that the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issue before the commission was whether the agreement provided for fair and reasonable terms and conditions for the employees, including matters such as minimum rates of pay, penalty rates, and other employment conditions. The commission examined the agreement in light of the provisions of the Fair Work Act and the principles of good faith bargaining. It was necessary for the commission to determine if the agreement was made in good faith and if it provided for fair and reasonable terms that complied with the statutory requirements.

After considering the evidence and submissions from both parties, the commission concluded that the Berkeley Vale Pre School Kindergarten Employee Collective Agreement 2014 was fair and reasonable. The commission found that the agreement provided for minimum rates of pay and other employment conditions that met the statutory requirements and were in line with industry standards. The commission also determined that the agreement was made in good faith, with both parties engaging in meaningful negotiations. As a result, the commission approved the agreement, finding that it complied with the relevant legislative provisions.

The final orders of the commission included the approval of the Berkeley Vale Pre School Kindergarten Employee Collective Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms. The commission's decision provided certainty and clarity for both the union and the employer, ensuring that the agreement would govern the employment relationship between the parties moving forward.

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