DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/9933)

NARRABEEN COMMUNITY KINDERGARTEN INC EMPLOYEE COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 2 DECEMBER 2014

Application for approval of the Narrabeen Community Kindergarten Inc Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Narrabeen Community Kindergarten Inc 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. Narrabeen Community Kindergarten Inc has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The IEU concurs with the undertakings 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 three years thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Independent Education Union of Australia and the Narrabeen Community Kindergarten Inc. The union applied for the approval of the Employee Collective Agreement 2014. This application was heard and determined by the Fair Work Commission, which is the industrial relations tribunal with jurisdiction over such matters in Australia.

The legal issues before the commission were primarily concerned with whether the agreement met the requirements of the Fair Work Act 2009, specifically in terms of its fairness, its alignment with national employment standards, and whether it was made in good faith and without coercion. The union argued that the agreement was fair and equitable, while the employer raised concerns about specific provisions.

The Fair Work Commission examined the agreement clause by clause, considering the evidence provided by both parties. It assessed whether the agreement provided for terms and conditions that were no less favourable than the national minimum standards and whether it was made in accordance with the principles of good faith and freedom from coercion. The commission found that while most of the agreement met the statutory requirements, certain provisions did not align with the national employment standards. Consequently, the commission ordered modifications to these provisions to ensure compliance with the law.

As a result, the commission approved the agreement with the specified modifications. This decision ensures that the collective agreement is both fair and compliant with the requirements of the Fair Work Act 2009, protecting the rights of employees while also meeting the operational needs of the employer.

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