DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/5046)

TEACHER’S BELMONT COMMUNITY CHILD CARE CENTRE AGREEMENT 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 16 JANUARY 2020

Application for approval of the Teacher’s Belmont Community Child Care Centre Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Teacher’s Belmont Community Child Care Centre Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the 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] 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 of the Act, will operate from 23 January 2020. The nominal expiry date of the Agreement is 19 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia applied for approval of the Teacher’s Belmont Community Child Care Centre Agreement 2019. The application was heard by the Fair Work Commission, with the parties represented by legal counsel. The central issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for minimum wages and conditions, and if it was in the public interest to approve it.

The Commission examined the terms of the agreement, focusing on whether it complied with the provisions of the Act. The key issue was whether the agreement provided for a minimum wage rate and conditions of employment that were not less favourable than those provided by the relevant award or safety net award. The Commission also had to consider whether the agreement would have a detrimental effect on the public interest, including whether it would undermine the industrial relations system. After careful consideration, the Commission found that the agreement met the requirements for approval under the Act.

In reaching its decision, the Commission considered the evidence and submissions from both parties. The Commission found that the agreement provided for minimum wages and conditions that were not less favourable than those provided by the relevant award or safety net award. The Commission also found that the agreement would not have a detrimental effect on the public interest. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both parties. The final orders of the Commission were that the agreement be approved and registered under the Act.

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