DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/183)

WYNNUM GENERAL GORDON COMMUNITY PRESCHOOL EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MARCH 2021

Application for approval of the Wynnum General Gordon Community Preschool Early Childhood Education Collective Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Wynnum General Gordon Community Preschool Early Childhood Education Collective Enterprise 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] I note that Clause 5.9.3 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.2.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[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 8 March 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Wynnum General Gordon Community Preschool Early Childhood Education Collective Enterprise Agreement 2020 in the Fair Work Commission. The union argued the agreement met the necessary criteria under the Fair Work Act 2009, including that it was appropriate for the employees it covered and had been negotiated in good faith.

The legal issues before the commission were whether the agreement had been appropriately negotiated and whether it contained terms and conditions that were fair and reasonable. The union had to demonstrate that the agreement was made in good faith, that it was appropriate for the employees it covered, and that it complied with the relevant statutory requirements. Additionally, the commission had to consider whether the agreement met the criteria for approval under the Fair Work Act, including whether it was likely to achieve a better outcome for the employees it covered.

The commission found that the agreement had been negotiated in good faith and was appropriate for the employees it covered. The commission was satisfied that the union had demonstrated that the agreement met the necessary criteria under the Fair Work Act, including that it contained terms and conditions that were fair and reasonable. The commission also found that the agreement was likely to achieve a better outcome for the employees it covered. As a result, the commission approved the agreement.

The commission made an order approving the Wynnum General Gordon Community Preschool Early Childhood Education Collective Enterprise Agreement 2020 as a registered agreement under the Fair Work Act. The agreement was registered on the date of the commission's decision and became effective from 1 July 2020. The union was authorised to lodge the approved agreement with the Australian Industrial Relations Commission for registration.

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