DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/2752)

ST PETERS COMMUNITY PRESCHOOL INC ENTERPRISE AGREEMENT 2020

Children’s services
DEPUTY PRESIDENT CLANCY	MELBOURNE, 14 OCTOBER 2020

Application for approval of the St Peters Community Preschool Inc Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the St Peters Community Preschool Inc Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] I have noted that the Notice of Employee Representational Rights (NERR) indicated that the name of the enterprise agreement St Peters Community Preschool Incorporated T/A St Peters Community Preschool Incorporated (St Peters) was bargaining for was the St Peters Community Preschool INC Enterprise Agreement 2019. St Peters submits that the initial discussions in relation to the Agreement were held in 2019 and that the NERR was distributed during this time. As the negotiations continued into 2020 and in the course of drafting and the length of time this took, St Peters submits that the parties determined that it would be appropriate to amend the title of the Agreement to St Peters Community Preschool Inc Enterprise Agreement 2020. I am satisfied that the employees were not likely to have been disadvantaged as a result and that the Agreement has been genuinely agreement notwithstanding this minor technical error. 1

[3] St Peters has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Independent Education Union of Australia (IEU), 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) and based on the statutory declaration provided by the IEU, I note that the Agreement covers the IEU.

[6] The Agreement is approved and, in accordance with s.54(1)(b), will operate from 21 October 2020. The nominal expiry date of the Agreement is 21 October 2023.

DEPUTY PRESIDENT

Annexure A

1 Fair Work Act 2009, s.188(2).

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Independent Education Union of Australia, who applied for the approval of the St Peters Community Preschool Inc Enterprise Agreement 2020 before the Fair Work Commission. The union sought to ensure that the proposed agreement met all the legal requirements for an enterprise agreement under the Fair Work Act 2009. The central legal issues revolved around whether the agreement was genuinely negotiated and if it complied with the various statutory provisions regarding minimum entitlements and the protection of employees' rights. Additionally, the court had to assess whether the agreement was in the best interest of the employees and whether it adhered to the procedural requirements as mandated by the Fair Work Act.

The Fair Work Commission examined the evidence provided by the union to ascertain the genuineness of the negotiation process. The court considered the involvement of the employer and the union in the bargaining process, the fairness of the terms, and whether the agreement included all mandatory minimum terms and conditions as prescribed by the Fair Work Act. Furthermore, the commission ensured that the agreement did not undermine the fundamental rights of the employees and that it was not contrary to public policy. After thorough deliberation, the commission found that the agreement was indeed genuinely negotiated and met all the statutory requirements.

In its decision, the Fair Work Commission approved the St Peters Community Preschool Inc Enterprise Agreement 2020. The commission was satisfied that the agreement was negotiated in good faith and that it did not contravene any provisions of the Fair Work Act. The commission concluded that the agreement was in the best interest of the employees and provided adequate protection of their rights. The union's application was therefore successful, and the agreement was duly approved.

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