DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/2383)

LITTLE SCHOOL PRESCHOOL TEACHERS’ AGREEMENT 2020

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 SEPTEMBER 2020

Application for approval of the Little School Preschool Teachers’ Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Little School Preschool Teachers’ Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia (IEU). The employer is The Little Preschool Incorporated t/a The Little Preschool. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The IEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2020. The nominal expiry date of the Agreement is 15 September 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 sought approval of the Little School Preschool Teachers’ Agreement 2020. The agreement was submitted by the Little School, a private, independent, non-denominational, early learning childcare centre in Victoria, and the Independent Education Union of Australia, the registered union representing teachers in the independent education sector in Australia. The union applied for the approval of the agreement under section 234A of the Fair Work Act 2009. The Little School opposed the application.

The primary legal issue before the Commission was whether the agreement met the criteria for registration and approval as a single interest employer agreement. The Commission had to determine if the agreement was genuinely negotiated between the parties and if it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement covered all teachers employed by the Little School and whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement was genuinely negotiated and met the criteria for approval. The Commission noted that the agreement covered all teachers employed by the Little School and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement was not contrary to public policy and that it would not have an adverse effect on the availability or price of goods or services in the market. The Commission approved the agreement under section 234A of the Fair Work Act.

The Commission ordered that the Little School Preschool Teachers’ Agreement 2020 be approved and registered as a single interest employer agreement. The agreement was to be in effect from 1 July 2020 and would remain in force until 30 June 2024, or until it was replaced by a new agreement. The Commission also ordered that the agreement be published on the Fair Work Commission’s website.

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