DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/2922)

GRIFFITH EAST PRE SCHOOL KINDERGARTEN INC TEACHERS AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 OCTOBER 2020

Application for approval of the Griffith East Pre School Kindergarten Inc Teachers Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Griffith East Pre School Kindergarten 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 23.3(a), (c), 24.1(b), (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 29 October 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case before the court involved the Independent Education Union of Australia, which sought approval of the Griffith East Pre School Kindergarten Inc Teachers Agreement 2020. The union argued that the agreement should be approved as it was in the best interests of the teachers, the preschool, and the broader educational community. The court was required to determine whether the agreement met the necessary legal criteria for approval.

The primary legal issue was whether the proposed agreement complied with the relevant industrial laws and if it was in the best interests of the parties involved. This included assessing the agreement's provisions regarding pay rates, working conditions, and dispute resolution mechanisms. The court also had to consider if the agreement was negotiated in good faith and if it provided appropriate protections for the teachers.

The court, after reviewing the agreement and hearing submissions from both parties, found that the agreement was fair and reasonable. It met all the legal requirements for approval and was in the best interests of the teachers and the preschool. The court highlighted that the agreement provided adequate protections for the teachers, including fair pay rates and reasonable working conditions, as well as an effective dispute resolution mechanism. The union's argument that the agreement would benefit the broader educational community was also accepted by the court.

The court approved the Griffith East Pre School Kindergarten Inc Teachers Agreement 2020, confirming that it met the necessary legal criteria and was in the best interests of all parties involved. The union's application for approval was successful, and the agreement was set to be implemented as per the terms outlined.

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