DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/842)

JACK AND JILL KINDERGARTEN INC. EMPLOYEE ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER JOHNS	SYDNEY, 3 APRIL 2020

Application for approval of the Jack and Jill Kindergarten Inc. Employee Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Jack and Jill Kindergarten Inc. Employee Enterprise 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 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 30 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Independent Education Union of Australia and Jack and Jill Kindergarten Inc. The dispute arose in relation to the application for approval of the Employee Enterprise Agreement 2019. The case was heard by the Fair Work Commission. The primary issue before the Commission was whether the terms of the proposed enterprise agreement were in compliance with the relevant provisions of the Fair Work Act 2009.

The Commission was required to determine if the agreement met the necessary criteria for approval, including whether it provided for the fair and efficient determination of terms and conditions of employment, and whether it complied with the "better off overall test." The latter required that employees should not be worse off overall under the terms of the agreement compared to their previous conditions. The Commission also considered the fairness of the agreement in relation to the bargaining process and the interests of the employees.

In its reasoning, the Commission examined the evidence presented by both parties and assessed the terms of the agreement against the statutory requirements. It found that the agreement did not adequately address certain aspects of the bargaining process, and it did not provide a clear mechanism for resolving disputes. Additionally, the Commission determined that some of the terms were not sufficiently fair and efficient. Ultimately, the Commission decided that the agreement did not meet the necessary criteria for approval and dismissed the application. The Commission's decision was based on the failure of the agreement to satisfy the requirements of the Fair Work Act 2009, particularly in relation to the bargaining process and the better off overall test. As a result, the proposed enterprise agreement was not approved by the Fair Work 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