DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/4287)

MULWALA PRESCHOOL INC. EMPLOYEE AGREEMENT 2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 10 MAY 2021

Application for approval of the Mulwala Preschool Inc. Employee Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mulwala Preschool Inc. Employee 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 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2021. The nominal expiry date of the Agreement is 16 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Independent Education Union of Australia, sought approval for the Mulwala Preschool Inc. Employee Agreement 2020, which outlined the terms and conditions for preschool employees in Mulwala. The application was heard in the Fair Work Commission. The key issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, particularly in relation to ensuring the agreement provides for fair and reasonable terms for employees and employers, and whether it is consistent with the principles of the national workplace relations system.

The Commission examined the agreement's provisions to determine if it was genuinely bargained and if it provided for fair and reasonable terms. The applicant argued that the agreement had been negotiated in good faith and that it offered appropriate protections and benefits to employees. The Commission noted that the agreement provided for terms and conditions that were fair and reasonable, taking into account the nature of the preschool industry and the specific circumstances of the employees. The Commission also found that the agreement was consistent with the principles of the national workplace relations system and did not undermine the collective bargaining process.

After considering the arguments and evidence presented, the Commission approved the Mulwala Preschool Inc. Employee Agreement 2020. The Commission found that the agreement met the statutory criteria and provided for fair and reasonable terms for the employees and employers involved. The approval of the agreement ensures that the preschool employees in Mulwala have a clear understanding of their rights and obligations under the agreement, and it provides a framework for the ongoing relationship between the employees and their employer.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established