Independent Education Union of Australia

[2014] FWCA 2664

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia

(AG2014/768)

BOOPA WEREM KINDERGARTEN AND PRESCHOOL EARLY

CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services

COMMISSIONER BOOTH

BRISBANE, 24 APRIL 2014

Application for approval of the Boopa Werem Kindergarten and Preschool Early Childhood
Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as

the Boopa Werem Kindergarten and 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] As the consultation term does not meet the requirements of s.205 of the Act, the model

consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 1 May

2014. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

[2014] FWCA 2664

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Independent Education Union of Australia [2014] FWCA 2664, the Independent Education Union of Australia made an application under section 185 of the Fair Work Act 2009 for the approval of a single enterprise agreement, the Boopa Werem Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2014. This agreement was aimed at regulating the terms and conditions of employment for early childhood education employees at Boopa Werem Kindergarten and Preschool. The application was made to Commissioner Booth who presided over the case in Brisbane on 24 April 2014.

The primary legal issues that the court needed to address involved whether the application met the criteria set out in sections 186, 187, and 188 of the Act. These sections outline the requirements for an enterprise agreement to be approved, including the need for proper consultation and the agreement's coverage. Additionally, the court had to determine if the consultation term within the agreement adhered to the requirements of section 205 of the Act. The court also had to verify whether the agreement indeed covered the organisation as intended by the Independent Education Union of Australia.

Upon reviewing the material presented, Commissioner Booth found that the application fulfilled all the relevant criteria stipulated in sections 186, 187, and 188 of the Act. The court determined that the consultation term did not meet the requirements of section 205, thus the model consultation term was adopted as part of the agreement. The Independent Education Union of Australia had notified under section 183 of the Act that it wanted the agreement to cover it, and the court confirmed that the agreement did indeed cover the organisation, as per section 201(2). Consequently, the agreement was approved and set to operate from 1 May 2014, with a nominal expiry date of 31 December 2014.

In conclusion, the court granted the approval for the Boopa Werem Kindergarten and Preschool Early Childhood Education Enterprise Agreement 2014, ensuring it would come into effect from 1 May 2014 and expire on 31 December 2014. The agreement was recognised as covering the organisation, thereby providing the necessary framework for employment terms and conditions at the kindergarten and preschool.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established