DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2021/4234)

MUSWELLBROOK PRE SCHOOL KINDERGARTEN INC TEACHERS COLLECTIVE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT ASBURY	BRISBANE, 24 MARCH 2021

Application for approval of the Muswellbrook Pre School Kindergarten Inc Teachers Collective Agreement 2020.

[1] The Independent Education Union of Australia (the Applicant/the IEU) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Muswellbrook Pre School Kindergarten Inc Teachers Collective Agreement 2020 (the Agreement). The IEU is a bargaining representative for the Agreement and makes the application for approval in that capacity. The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Agreement is made between Muswellbrook Pre-School Kindergarten Inc (the Employer) and teachers in its Early Childhood Services Centre, as described in the Agreement.

[2] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement and the Form F17 Employer’s declaration in support of an application for approval of the Agreement that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[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 that organisation. In accordance with s.201(2) of the Act, and based on the declaration provided by IEU, I note that the Agreement covers this organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 31 March 2021. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia (IEU) applied to the Fair Work Commission for approval of the Muswellbrook Pre School Kindergarten Inc Teachers Collective Agreement 2020. The application was made under section 232 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for teachers at the Muswellbrook Pre School Kindergarten, with the IEU seeking to have the agreement recognised as a registered agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, particularly in relation to the bargaining representative provisions and whether the agreement was made in good faith. The Commission had to determine whether the IEU was a certified bargaining representative for the relevant teachers, and if the agreement had been negotiated in accordance with the provisions of the Act. Additionally, the Commission needed to assess whether the agreement contained terms and conditions that were fair and reasonable.

In considering the matter, the Commission examined the evidence and submissions from both the IEU and Muswellbrook Pre School Kindergarten Inc. It found that the IEU was a certified bargaining representative and that the agreement had been negotiated in good faith. The Commission was satisfied that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the work and the need to provide for the economic circumstances of the parties. Consequently, the Commission approved the application and registered the Muswellbrook Pre School Kindergarten Inc Teachers Collective Agreement 2020.

The Fair Work Commission approved the application and registered the collective agreement, effective from the date of the decision. This registration ensures that the agreement will be legally binding on the parties and will provide a framework for the employment conditions of teachers at the Muswellbrook Pre School Kindergarten.

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