DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/3047)

PAMBULA PRE-SCHOOL KINDERGARTEN ASSOCIATION INC. TEACHERS AGREEMENT 2020

Children’s services
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 OCTOBER 2020

Application for approval of the Pambula Pre-School Kindergarten Association INC. Teachers Agreement 2020.

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

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that Clauses 23.2(a), 23.2(c), 24.1(b), 24.1(c) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Independent Education Union of Australia 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 2 November 2020. The nominal expiry date of the Agreement is 25 October 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 lodged an application for the approval of the Pambula Pre-School Kindergarten Association Inc. Teachers Agreement 2020. The dispute involved the terms and conditions of employment for teachers at the Pambula Pre-School Kindergarten Association, with the union seeking to have the agreement certified as a Registered Agreement under the Fair Work Act 2009. The Pambula Pre-School Kindergarten Association Inc. opposed the application, raising concerns about certain provisions of the agreement.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 235 of the Fair Work Act. Specifically, the Commission had to determine if the agreement was a "good faith" bargaining outcome and if it contained the minimum terms and conditions as required by the Act. The union argued that the agreement was a fair and reasonable outcome of negotiations, while the association contended that certain provisions did not meet the legislative standards.

In its decision, the Commission considered the nature of the agreement and the process by which it was negotiated. The Commission found that while the agreement contained some provisions that did not align with the minimum standards, these could be rectified through minor amendments. The Commission concluded that the overall agreement was a product of genuine and fair negotiations and met the criteria for approval. The association's concerns were addressed by the proposed amendments, which were acceptable to both parties. The Commission certified the amended agreement as a Registered Agreement, effective from the date of the decision.

The Fair Work Commission ordered the approval of the Pambula Pre-School Kindergarten Association Inc. Teachers Agreement 2020, subject to the specified amendments. These amendments addressed the association's concerns and ensured compliance with the minimum terms and conditions required by the Fair Work Act. The agreement was certified as a Registered Agreement, providing a legally binding framework for the employment of teachers at the Pambula Pre-School Kindergarten Association.

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