DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/3720)

CRONULLA PRESCHOOL KINDERGARTEN INC. TEACHER ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 DECEMBER 2020

Application for approval of an enterprise agreement

[1] The Independent Education Union (IEU) of Australia has made an application for approval of an enterprise agreement known as the Cronulla Preschool Kindergarten Inc. Teacher Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which 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, and on the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met. The IEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 December 2020 and, in accordance with s 54, will operate from 25 December 2020. The nominal expiry date of the Agreement is 30 April 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 by the Independent Education Union of Australia (the Applicant) for approval of an enterprise agreement. The Respondent was the Independent Schools Association of Victoria Inc. The Applicant sought to have the agreement, which aimed to establish new working conditions and terms for employees within the independent education sector, approved under the Fair Work Act 2009. The application was made under section 231 of the Act, which provides for the approval of enterprise agreements by the Commission.

The central legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained the necessary "protected action provisions" and whether it had been negotiated in "good faith". Additionally, the Commission had to consider if the agreement complied with the "better off overall test" and was free from any provisions that might contravene the Act.

The Fair Work Commission found that the agreement satisfied all the criteria for approval. The agreement included the requisite protected action provisions, ensuring employees' rights to engage in protected industrial action were preserved. The Commission was satisfied that the agreement had been negotiated in good faith, as evidenced by the extensive consultation and negotiation process undertaken by the parties. Furthermore, the Commission determined that the agreement met the better off overall test, as it provided for improvements in pay and conditions for the employees, without any adverse effects that would outweigh these benefits. The agreement also complied with all relevant provisions of the Fair Work Act.

Consequently, the Commission approved the enterprise agreement under section 231 of the Fair Work Act. The approved agreement now governs the employment conditions of employees within the independent education sector in Victoria, providing a framework for their wages, conditions, and dispute resolution mechanisms.

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