DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/4436)

COBARGO PRESCHOOL CHILDREN’S SERVICES INC. TEACHERS’ AGREEMENT 2020

Children’s services
DEPUTY PRESIDENT CROSS	SYDNEY, 20 MAY 2021

Application for approval of the Cobargo Preschool Children’s Services Inc. Teachers’ Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cobargo Preschool Children’s Services 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] The Employer 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 seven days after the date of this approval. The nominal expiry date of the Agreement is 27 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Independent Education Union of Australia, as the employer representative, applied for the approval of the Cobargo Preschool Children’s Services Inc. Teachers’ Agreement 2020. The application was heard by the Fair Work Commission. The union sought to have the agreement approved under section 194 of the Fair Work Act 2009, which requires the agreement to be certified by the Commission as being appropriate for the purposes of the Act.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was appropriate for the purposes of the Act, which includes considerations such as whether it provides for fair and reasonable terms and conditions of employment. The Commission also needed to assess whether the agreement met the procedural requirements, including whether the agreement was made in good faith and whether the process for its negotiation was fair.

In making its decision, the Commission considered the terms of the agreement, the process through which it was negotiated, and whether it met the legislative criteria for approval. The Commission found that the agreement was appropriate for the purposes of the Fair Work Act, as it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement was made in good faith and that the process for its negotiation was fair. The Commission was satisfied that all procedural requirements had been met.

The Commission approved the Cobargo Preschool Children’s Services Inc. Teachers’ Agreement 2020. The agreement is now a registered agreement under the Fair Work Act and will provide the basis for the terms and conditions of employment for the relevant teachers.

Independent Education Union of Australia

DECISION

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