DECISION

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

Independent Education Union of Australia
(AG2015/425)

INJILINJI COMMUNITY PRESCHOOL AND KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE,11 MARCH 2015

Application for approval of the Injilinji Community Preschool and Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Injilinji Community Preschool and Kindergarten 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] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 18 March 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration was an application for the approval of the Injilinji Community Preschool and Kindergarten Early Childhood Education Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The agreement in question was between the employer, Injilinji Community Preschool and Kindergarten, and the union representing the employees, the Australian Education Union.

The legal issues before the court were whether the agreement complied with the procedural requirements set out in the Fair Work Act and whether it met the substantive requirements for a certified agreement. Specifically, the court needed to examine whether the agreement had been fairly negotiated and whether it contained provisions that were consistent with the objectives of the Act, such as promoting high wages and conditions. The court also considered whether the agreement adequately protected the interests of the employees, including provisions for dispute resolution and the avoidance of unfair dismissal.

In delivering the decision, the Commission found that the agreement was fairly negotiated and contained provisions that aligned with the objectives of the Fair Work Act. The Commission determined that the agreement provided for fair wages and conditions, and included mechanisms for resolving disputes and protecting employees from unfair dismissal. The Commission noted that the agreement had been subject to a significant amount of negotiation between the parties and that the union had provided evidence of the agreement being supported by its members. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and the employer. The court ordered that the agreement be registered and certified as a registered agreement under the Fair Work Act.

INJILINJI COMMUNITY PRESCHOOL AND KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established