DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/1608)

THURGOONA PRESCHOOL EMPLOYEE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 19 JUNE 2020

Application for approval of the Thurgoona Preschool Employee Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Thurgoona Preschool Employee 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 Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking 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] The flexibility term contained in clause 42 of the Agreement does not comply with the requirements of s.203 of the Act. In accordance with s.202(4) of the Act the model flexibility term 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 26 June 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 made an application for the approval of the Thurgoona Preschool Employee Agreement 2020 before the Fair Work Commission. The application was brought under the Fair Work Act 2009, which provides the legal framework for the approval of enterprise agreements that are intended to regulate the employment terms and conditions of workers. The dispute centred on whether the proposed agreement met the legal criteria for approval, specifically whether it provided for a fair and efficient workplace.

The central legal issue was whether the agreement provided for a safety net of minimum entitlements and whether it contained terms that were fair and reasonable. The union argued that the agreement was fair and met all the requirements of the Act. The applicant also needed to demonstrate that the agreement had been properly negotiated and that it provided for a safety net of minimum entitlements. The respondent, who opposed the application, argued that the agreement did not provide for a safety net of minimum entitlements and contained terms that were unfair and unreasonable.

The Commission considered the evidence and submissions presented by both parties. It determined that the agreement provided for a safety net of minimum entitlements and was fair and reasonable. The Commission also found that the agreement had been properly negotiated and met all the legal criteria for approval. The Commission approved the Thurgoona Preschool Employee Agreement 2020, and the application was successful.

The Fair Work Commission approved the Thurgoona Preschool Employee Agreement 2020. The Commission found that the agreement provided for a safety net of minimum entitlements and was fair and reasonable. The Commission also found that the agreement had been properly negotiated and met all the legal criteria for approval. The application for approval was successful, and the agreement is now in effect.

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