DECISION

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

Independent Education Union of Australia-New South Wales/Australian Capital Territory Branch
(AG2015/3674)

WOODENBONG PRESCHOOL AND KINDERGARTEN INC EMPLOYEE COLLECTIVE AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 4 AUGUST 2015

Application for approval of the Woodenbong Preschool and Kindergarten Inc Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Woodenbong Preschool and Kindergarten Inc Employee Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia – New South Wales/Australian Capital Territory Branch. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia – New South Wales/Australian Capital Territory Branch, 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 of the Act, will operate from 11 August 2015. The nominal expiry date of the Agreement is three years from the date of operation or until terminated or replaced.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Independent Education Union of Australia-New South Wales/Australian Capital Territory Branch, sought approval of the Woodenbong Preschool and Kindergarten Inc Employee Collective Agreement 2015. The respondent, Woodenbong Preschool and Kindergarten Inc, opposed the application. The dispute was heard in the Fair Work Commission. The central issue before the court was whether the agreement met the statutory requirements for approval and if it complied with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, if it contained only permissible provisions, and if it complied with the prescribed model agreement.

The court examined the application and the arguments presented by both parties. The applicant argued that the agreement was made in good faith and contained only permissible provisions. The respondent contended that the agreement was not made in good faith and included impermissible provisions. After carefully considering the evidence and arguments, the court found that the agreement was made in good faith and contained only permissible provisions. The court concluded that the agreement complied with the statutory requirements and was therefore approved.

The court ordered that the Woodenbong Preschool and Kindergarten Inc Employee Collective Agreement 2015 be approved in accordance with section 181 of the Fair Work Act 2009. The court further ordered that the agreement be registered with the Fair Work Commission and that it would have effect from the date of the order. The court's decision was based on a thorough analysis of the evidence and arguments presented by both parties. The court found that the agreement met all the statutory requirements and was therefore approved.

Independent Education Union of Australia-New South Wales/Australian Capital Territory Branch

DECISION

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