DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/879)

BIRRAHLEE PRESCHOOL LANE COVE LTD. EMPLOYEE AGREEMENT 2020

Children's services
COMMISSIONER JOHNS	SYDNEY, 3 APRIL 2020

Application for approval of the Birrahlee Preschool Lane Cove Ltd. Employee Agreement 2020.

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

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2020. The nominal expiry date of the Agreement is 1 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia brought an application before the Fair Work Commission seeking approval of the Birrahlee Preschool Lane Cove Ltd. Employee Agreement 2020. The agreement in question was intended to be a single enterprise agreement for all employees of the preschool, covering various aspects of employment, including wages, conditions, and dispute resolution mechanisms. The Union argued that the agreement adequately met the requirements of the Fair Work Act 2009 and should be approved to provide a stable and fair working environment for the preschool's employees.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act 2009 and whether it was an appropriate agreement for the employees of the preschool. The Union argued that the agreement was fair and reasonable, having been negotiated in good faith and reflecting the interests of the employees. Conversely, the employer contended that the agreement was not appropriate and did not meet the statutory requirements for approval.

In delivering its decision, the Commission considered the agreement's compliance with the procedural and substantive requirements of the Fair Work Act 2009. The Commission noted that the agreement had been negotiated in good faith, and the employees had been given adequate opportunity to participate in the negotiation process. The Commission also found that the agreement contained provisions that were fair and reasonable, including provisions relating to wages, hours of work, and dispute resolution mechanisms. However, the Commission identified certain deficiencies in the agreement, such as the lack of specific provisions relating to certain employment conditions. Despite these deficiencies, the Commission determined that the agreement was appropriate and should be approved, as the deficiencies did not significantly detract from the overall fairness and reasonableness of the agreement.

The Commission approved the Birrahlee Preschool Lane Cove Ltd. Employee Agreement 2020, subject to certain modifications. The modifications related to the inclusion of specific provisions regarding certain employment conditions, such as parental leave and superannuation. The employer was directed to negotiate with the Union to amend the agreement to include these provisions within a specified timeframe. The Union's application for approval of the agreement was therefore successful, subject to the modifications and amendments required by the Commission.

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