DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2015/6897)

BANKS STREET COMMUNITY PRESCHOOLING CENTRE EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER LEE	MELBOURNE, 6 JANUARY 2016

Application for approval of the Banks Street Community Preschooling Centre Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Banks Street Community Preschooling Centre Early Childhood Education Enterprise 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 – Queensland and Northern Territory Branch. The Agreement is a single enterprise agreement.

[2] Banks Street Newmarket Community Preschooling Centre Inc. T/A Banks Street Newmarket Preschooling Centre has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 of the Act, will operate from 13 January 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this matter, the Independent Education Union of Australia – Queensland and Northern Territory Branch sought approval of the Banks Street Community Preschooling Centre Early Childhood Education Enterprise Agreement 2015. The union argued that the agreement was fair and reasonable, and thus should be approved by the Fair Work Commission (FWC). The employer, Banks Street Community Preschooling Centre, contested the union's application, arguing that the agreement contained provisions that were unfair and unreasonable, and thus should not be approved.

The legal issues before the FWC were whether the provisions of the agreement were fair and reasonable, and whether the union had appropriately certified the agreement. The FWC was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it met the "better off overall test" and the "independent test". The FWC also had to consider whether the union had appropriately certified the agreement, and whether there was sufficient support for the agreement among the employees of the Banks Street Community Preschooling Centre.

In its decision, the FWC found that the provisions of the agreement were fair and reasonable, and that the union had appropriately certified the agreement. The FWC found that the agreement met the better off overall test, as it provided for a range of benefits for employees, including pay increases and improved leave entitlements. The FWC also found that the agreement met the independent test, as it contained provisions that were appropriate for the unique nature of the early childhood education industry. The FWC further found that there was sufficient support for the agreement among the employees of the Banks Street Community Preschooling Centre.

The FWC approved the Banks Street Community Preschooling Centre Early Childhood Education Enterprise Agreement 2015, and directed that it be registered with the Commission. The employer was directed to take all necessary steps to give effect to the agreement, and to provide the union with all necessary information and access to the employer's premises. The union was directed to provide the employer with a copy of the approved agreement, and to take all necessary steps to ensure that the agreement was properly implemented.

Independent Education Union of Australia – Queensland and Northern Territory Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established