DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/6509)

PARKES EARLY CHILDHOOD CENTRE INCORPORATED ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 13 AUGUST 2021

Application for approval of Parkes Early Childhood Centre Incorporated Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Parkes Early Childhood Centre Incorporated Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] Parkes Early Childhood 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. The undertakings are taken to be a term of 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 20 August 2021. The nominal expiry date of the Agreement is 19 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia (IEU) applied to the Fair Work Commission for approval of the Parkes Early Childhood Centre Incorporated Enterprise Agreement 2021. The Parkes Early Childhood Centre Incorporated is an employer within the scope of the Fair Work Act 2009. The Commission needed to decide whether the application for approval met the requirements of section 232 of the Act. Specifically, it had to determine if the agreement had been made in the course of undertaking industrial action, if it provided for terms and conditions of employment that were not substantially beneficial to employees, and whether the agreement complied with the good faith requirement of section 231 of the Act.

The IEU argued that the agreement was made in good faith and provided for terms and conditions that were substantially beneficial to employees. The Commission considered the nature of the industrial action, the terms of the agreement, and whether the agreement complied with the good faith requirement. The Commission found that the agreement had been made in good faith and provided for terms and conditions that were substantially beneficial to employees. The Commission also found that the agreement complied with the good faith requirement of the Act.

The Fair Work Commission approved the Parkes Early Childhood Centre Incorporated Enterprise Agreement 2021, finding that it met the requirements of section 232 of the Act. The Commission certified the agreement for a period of three years, with effect from 1 July 2021. The agreement provides for a range of terms and conditions of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission's decision ensures that the employees of the Parkes Early Childhood Centre Incorporated have a fair and effective enterprise agreement in place.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established