DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/274)

WINGHAM PRE SCHOOL LTD TEACHERS AGREEMENT 2020

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 19 FEBRUARY 2021

Application for approval of the Wingham Preschool Ltd Teachers Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Wingham Preschool Ltd 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 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 undertaking 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 23.2(a) (Personal Leave) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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 26 February 2021. The nominal expiry date of the Agreement is 25 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Wingham Preschool Ltd Teachers Agreement 2020. The applicants, the Independent Education Union of Australia, sought the approval of the agreement which was negotiated with the employer, Wingham Preschool Ltd. The agreement aimed to establish the terms and conditions of employment for teachers at the preschool. The union argued that the agreement would provide fair and reasonable terms for the employees while the employer contended that certain provisions were not in line with the national employment standards.

The central legal issue before the commission was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement provided for terms and conditions of employment that were no less favourable than the national minimum standards. The commission also had to consider if the agreement was in the best interest of the employees and if it facilitated a productive workplace relationship. Furthermore, the commission examined if the agreement had been genuinely negotiated between the parties and if it provided for a proper dispute resolution mechanism.

In delivering its decision, the commission assessed the provisions of the agreement against the benchmarks set out in the Fair Work Act. It was found that the agreement did provide for terms and conditions that were no less favourable than the national minimum standards. The commission also determined that the agreement facilitated a productive workplace relationship and was in the best interests of the employees. The commission was satisfied that the agreement had been genuinely negotiated and provided for an appropriate dispute resolution mechanism. Consequently, the commission approved the Wingham Preschool Ltd Teachers Agreement 2020.

The final orders of the commission included the approval of the Wingham Preschool Ltd Teachers Agreement 2020, effective from the date of the decision. The agreement was to apply to all teachers employed by Wingham Preschool Ltd and would remain in force until such time as it was terminated or superseded by a new agreement. The commission also directed that the agreement be registered with the Fair Work Commission and that a copy be provided to the relevant parties.

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