DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/2453)

WEST ALBURY PRE SCHOOL CENTRE INC. EMPLOYEE COLLECTIVE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 SEPTEMBER 2020

Application for approval of the West Albury Pre School Centre Inc. Employee Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the West Albury Pre School Centre Inc. Employee Collective Agreement 2019 (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] The Employer 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 a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] I note that Clause 25.6 is 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2020. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the West Albury Pre School Centre Inc. Employee Collective Agreement 2019 in the Fair Work Commission. The applicant argued that the agreement met the criteria for approval under the Fair Work Act 2009, including that it provided for the fair and efficient resolution of workplace issues and was not contrary to public policy. The Commission was tasked with determining whether the agreement complied with the legislative requirements.

The key legal issues before the Commission were whether the agreement provided for the fair and efficient resolution of workplace issues, and whether it was contrary to public policy. The Commission examined the provisions of the agreement in light of the legislative criteria, including the dispute resolution mechanisms and the terms and conditions of employment. The Commission also considered whether the agreement contained any provisions that were contrary to public policy, such as those that may undermine the health and safety of employees or the public.

After careful consideration of the evidence and arguments presented, the Commission found that the agreement met the criteria for approval. The Commission determined that the dispute resolution mechanisms were fair and efficient, and that the terms and conditions of employment were reasonable. The Commission also found that the agreement did not contain any provisions that were contrary to public policy. As such, the Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009.

The Commission's approval of the West Albury Pre School Centre Inc. Employee Collective Agreement 2019 provides certainty for the parties and ensures that the agreement is compliant with the legislative framework. The decision also serves as a useful guide for other employers and unions seeking to negotiate and approve collective agreements.

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