DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/2359)

COOMA NORTH PRESCHOOL INC TEACHERS AGREEMENT 2020

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 24 AUGUST 2020

Application for approval of the Cooma North Preschool Inc Teachers Agreement 2020.

[1] An application had been made for approval of an enterprise agreement known as the Cooma North Preschool 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 the Independent Education Union of Australia and covers the Cooma North Preschool Association. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[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, will operate from 31 August 2020. The nominal expiry date of the Agreement is 24 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Independent Education Union of Australia, acting on behalf of preschool teachers, and Cooma North Preschool Inc. The union sought approval for the Cooma North Preschool Inc Teachers Agreement 2020, which was intended to regulate the employment terms and conditions of teachers employed by the preschool. The matter was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The primary legal issue before the court was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The union needed to demonstrate that the agreement was in the best interests of the employees and did not unfairly disadvantage any party. The court also needed to determine if the agreement was made in good faith and followed the necessary processes as stipulated by the Act.

The court, in considering the application, examined the contents of the agreement and the process by which it was negotiated and agreed upon. The union presented evidence that the agreement was the result of genuine negotiations between the parties, and it was in the best interests of the employees. The court found that the agreement had been made in good faith and followed all necessary procedures. Additionally, the court was satisfied that the agreement did not place any party at a disadvantage and was consistent with the overarching principles of the Act. As a result, the court approved the agreement.

In approving the agreement, the court noted that the terms and conditions were fair and reasonable, and the negotiation process was transparent and followed all statutory requirements. The court concluded that the agreement was in the best interests of the employees and did not unfairly disadvantage any party. The final order of the court was that the Cooma North Preschool Inc Teachers Agreement 2020 be approved and registered under the Fair Work Act 2009.

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