DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2020/3068)

BEGA PRE-SCHOOL ASSOCIATION INC. TEACHERS' AGREEMENT

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 25 NOVEMBER 2020

Application for approval of the Bega Preschool Association Inc. Teachers' Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Bega Pre-school Association Inc. Teachers’ Agreement 2020 (‘the Agreement’). The application was made by Independent Education Union of Australia (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Independent Education Union (“the IEU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the IEU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 2 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia filed an application for the approval of a single-enterprise agreement with the Bega Preschool Association Inc. The agreement in question is the Bega Preschool Association Inc. Teachers' Agreement 2020. This matter was heard in the Fair Work Commission. The union sought to have the agreement approved under the Fair Work Act 2009, arguing that it met the necessary criteria for a single-enterprise agreement.

The central legal issue before the Commission was whether the agreement complied with the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms, and whether the agreement had been made in good faith. The union needed to demonstrate that the agreement was appropriately negotiated and that it provided fair terms and conditions for the employees.

The Commission assessed the agreement against the criteria set out in the Act. It found that the agreement was appropriately negotiated and provided for fair terms and conditions for the employees. The Commission was satisfied that the agreement met the statutory requirements for approval, including being made in good faith and providing for fair and reasonable terms. Consequently, the Commission approved the Bega Preschool Association Inc. Teachers' Agreement 2020.

The Commission's decision was grounded in the statutory provisions and the evidence presented by the union. The Commission found no substantive issues that would prevent the approval of the agreement. As a result, the application for approval was successful, and the agreement was approved as a single-enterprise agreement under the Fair Work Act.

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