DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/1985)

MORUYA PRESCHOOL KINDERGARTEN INC. EMPLOYEEAGREEMENT 2020

Children's services
COMMISSIONER JOHNS	SYDNEY, 29 JULY 2020

Application for approval of the Moruya Preschool Kindergarten Inc EmployeeAgreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Moruya Preschool Kindergarten Inc EmployeeAgreement 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] 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] 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 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 5 August 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Independent Education Union of Australia for the approval of the Moruya Preschool Kindergarten Inc Employee Agreement 2020. The union argued that the agreement, which was intended to govern the employment conditions of staff at the preschool, adequately reflected the requirements of the relevant legislation and was a fair and reasonable agreement.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it was a "single, clear and concise" agreement, and whether it contained terms that were fair and reasonable in all aspects. Additionally, the Commission had to consider whether the agreement appropriately covered all employees within the scope of the bargaining unit, and whether it provided for appropriate mechanisms for dispute resolution.

In determining the application, the Commission examined the content and structure of the proposed agreement, noting that it was comprehensive and covered all relevant terms and conditions of employment. The Commission found that the agreement was a single, clear, and concise document that met the statutory requirements. Furthermore, the Commission assessed the fairness and reasonableness of the agreement's terms, taking into account submissions from both the union and the employer, and concluded that the agreement provided for fair and reasonable terms and conditions for the employees. The Commission also noted that the agreement included appropriate dispute resolution mechanisms.

Following its analysis, the Commission approved the Moruya Preschool Kindergarten Inc Employee Agreement 2020, confirming its compliance with the legislative requirements. The approval ensures that the agreement will serve as the basis for the employment conditions of the preschool staff, providing a stable and legally binding framework for their working relationship with the employer.

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