DECISION

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

Independent Education Union of Australia
(AG2020/3067)

TATHRA CHILDREN'S SERVICES INC. TEACHERS' AGREEMENT 2020

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 25 NOVEMBER 2020

Application for approval of the Tathra Children's Services Inc. Teachers' Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Tathra Children’s Services 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 of Australia (“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 case involved the Independent Education Union of Australia, which made an application for the approval of the Tathra Children's Services Inc. Teachers' Agreement 2020. This application was heard in the Fair Work Commission. The union sought to have this agreement approved as a single-enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legislative requirements for such approval, including whether it had been fairly negotiated and if it contained appropriate provisions for the employees covered by the agreement.

The legal issues before the Commission included whether the agreement had been genuinely negotiated between the employer and the union, whether it contained the necessary minimum terms and conditions, and if the agreement was consistent with the principles of the Fair Work Act. The Commission also needed to determine if the agreement was in the best interests of the employees it covered and whether it complied with the relevant industrial instruments.

The Fair Work Commission found that the agreement had been genuinely negotiated and contained all the required minimum terms and conditions. It was determined that the agreement was consistent with the principles of the Fair Work Act and was in the best interests of the employees. The Commission was satisfied that the agreement complied with the relevant industrial instruments. As such, the Commission approved the application for the agreement to be registered as a single-enterprise agreement.

The Commission approved the Tathra Children's Services Inc. Teachers' Agreement 2020 as a single-enterprise agreement. This decision means that the agreement will now serve as the primary industrial instrument for the employees covered by it, superseding any other applicable agreements or awards. The union's application was successful, and the agreement is now registered and in effect.

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