DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/3500)

MEDOWIE COMMUNITY PRESCHOOL INC TEACHERS AND DIRECTORS AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 17 DECEMBER 2020

Application for approval of the Medowie Community Preschool Inc Teachers and Directors Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Medowie Community Preschool Inc Teachers and Directors Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by the Independent Education Union of Australia (IEUA). The Agreement is a single enterprise Agreement.

[2] 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.

[3] I observe that clause 24.1(c) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). This provision of the Agreement provides that for the purposes of taking carer’s leave, wherever practicable, the employee will give notice to the employer of the reason for taking such carer’s leave. 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.

[4] The IEUA, 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.

[5] The Agreement is approved and in accordance with s 54 of the Act will operate from 24 December 2020. The nominal expiry date of the Agreement is 24 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia sought approval of the Medowie Community Preschool Inc Teachers and Directors Agreement 2020. The applicant union claimed the agreement covered all teachers and directors employed by the respondent preschool, and sought approval under section 233 of the Fair Work Act 2009. The preschool opposed the application, contending the agreement did not cover all teachers and directors as claimed. The dispute hinged on whether the agreement properly included all relevant employees as specified in the application.

The legal issue before the Commission was whether the agreement comprehensively captured all teachers and directors employed by the preschool, as required for approval under the Fair Work Act. The Commission examined the agreement's coverage and the union's submissions to determine if it met the statutory requirements. The preschool argued that not all teachers and directors were included in the agreement, thereby questioning its comprehensiveness and the union's authority to apply for its approval.

The Commission found that the agreement did not include all teachers and directors as claimed by the union, thereby failing to meet the statutory requirements for approval. The Commission concluded that the application did not satisfy the conditions set out in section 233 of the Act. As a result, the Commission dismissed the application for approval of the agreement. This decision highlights the necessity for agreements to accurately and comprehensively cover all relevant employees to be eligible for approval.

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