DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/3190)

BELLINGEN PRE-SCHOOL INC. EMPLOYEE ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 27 NOVEMBER 2020

Application for approval of the Bellingen Pre-school Inc. Employee Enterprise Agreement 2020.

[1] The Independent Education Union of Australia (IEU) has made an application for approval of an enterprise agreement known as the Bellingen Pre-school Inc. Employee 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 the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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 contained in the application, the accompanying statutory declaration, and the additional information provided by the employer, 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] As lodged, the Agreement at clause 30 contained a version of the clause which was marked up with tracked changes. An amended page 29 to the Agreement with an unmarked version of clause 30 was provided by the IEU on 17 November 2020. In the circumstances, I am satisfied that the amendment should be allowed and that it is appropriate to do so pursuant to s 586 of the Act.

[5] I observe that clauses 25.5(a) and 27.1(c) of the Agreement may 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.

[6] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 27 November 2020 and, in accordance with s 54, will operate from 4 December 2020. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia brought a case to seek approval of the Bellingen Pre-school Inc. Employee Enterprise Agreement 2020. The Bellingen Pre-school Inc. is an employer and the Independent Education Union of Australia is a registered organisation representing employees of the Pre-school. The dispute centres around whether the proposed enterprise agreement meets the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issues addressed by the Commission were whether the agreement contained all the mandated terms and conditions, including minimum wages and entitlements, and whether it adhered to the procedural requirements for enterprise agreements. Furthermore, the Commission had to consider whether the agreement was made in good faith and without coercion, as stipulated by the Act.

The Commission found that the Bellingen Pre-school Inc. Employee Enterprise Agreement 2020 was in compliance with all legislative requirements. It included all the mandated terms and conditions, and the process for its creation was transparent and free from any undue influence. The agreement was deemed to have been made in good faith by both parties. Consequently, the Commission approved the agreement, emphasising its compliance with all statutory obligations and the fair representation of the interests of both the employer and the employees.

No further orders were made by the Commission beyond the approval of the enterprise agreement.

Independent Education Union of Australia

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established