DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/5056)

GREAT LAKES CHILDREN'S CENTRES KINDERGARTEN INC. TEACHERS AGREEMENT 2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 20 MAY 2021

Application for approval of the Great Lakes Children's Centres Kindergarten Inc. Teachers Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Great Lakes Children’s Centres Kindergarten Inc. Teachers Agreement 2020 (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. 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 27 May 2021. The nominal expiry date of the Agreement is 26 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was brought by the Independent Education Union of Australia, which sought approval of the Great Lakes Children's Centres Kindergarten Inc. Teachers Agreement 2020. The dispute centred on the terms and conditions of employment for teachers within the kindergarten sector, specifically those employed by the Great Lakes Children's Centres Kindergarten Inc.

The primary legal issues before the Commission involved whether the proposed agreement complied with the Fair Work Act 2009 and if it met the criteria for being a "better off overall test" (BOOT) agreement. This required the Commission to examine if the agreement provided employees with conditions no less favourable than the relevant award or safety net award, and if the agreement provided for terms and conditions that were better than those provided by the applicable award or safety net award.

The Commission determined that the proposed agreement met the statutory requirements and provided conditions that were no less favourable than the relevant award. Furthermore, it was found that the agreement provided for terms and conditions that were better than those provided by the applicable award or safety net award. Consequently, the Commission approved the Great Lakes Children's Centres Kindergarten Inc. Teachers Agreement 2020. This decision ensured that teachers employed by the kindergarten would benefit from improved working conditions and remuneration.

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