DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/5954)

DUNOON PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2021

Educational services
COMMISSIONER JOHNS	SYDNEY, 12 JULY 2021

Application for approval of the Dunoon Preschool Employee Collective Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Dunoon Preschool Employee Collective 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] 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 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 19 July 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Independent Education Union of Australia, who sought approval of the Dunoon Preschool Employee Collective Agreement 2021. The nature of the dispute was primarily concerned with the terms and conditions of employment for staff at the Dunoon Preschool. The matter was heard by the Fair Work Commission, an Australian federal statutory body with the authority to resolve workplace disputes and make decisions on employment agreements.

The legal issues before the Commission included whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the standards for "protected action" under the Act and if it contained terms and conditions that were fair and reasonable. The Commission also had to consider whether the agreement was consistent with the broader principles of industrial relations law in Australia, such as ensuring fairness and balance between employers and employees.

The Fair Work Commission found that the proposed agreement was largely in compliance with the Fair Work Act 2009. The Commission determined that the agreement provided for terms and conditions that were fair and reasonable, and it met the necessary standards for protected action. The Commission also noted that the agreement was consistent with the principles of industrial relations law, which prioritise fairness and balance between employers and employees. As a result, the Commission approved the Dunoon Preschool Employee Collective Agreement 2021, subject to certain minor amendments that were required to ensure compliance with the Act.

The final orders of the Commission included the approval of the agreement, with the minor amendments noted above. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would come into effect on the date of the Commission's decision. The Commission emphasised that the agreement was subject to ongoing review and that any future disputes or issues would be resolved in accordance with the procedures set out in the Act.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established