DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/4679)

BERALA JACK AND JILL PRE-SCHOOL KINDERGARTEN INC. EMPLOYEE AGREEMENT 2019

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 DECEMBER 2019

Application for approval of the Berala Jack and Jill Pre-School Kindergarten Inc. Employee Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Berala Jack and Jill Pre-School Kindergarten Inc. Employee 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 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 was approved on 13 December 2019 and, in accordance with s.54, will operate from 20 December 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for approval of the Berala Jack and Jill Pre-School Kindergarten Inc. Employee Agreement 2019. The union sought to have the agreement approved as a certified agreement under the Fair Work Act 2009, which would allow it to be registered and enforced as a legally binding contract between the employer and its employees. The dispute arose because the union and the employer had not been able to reach an agreement on the terms of the employment contract, and therefore needed the assistance of the Fair Work Commission to resolve the matter.

The legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act, and whether it provided for the fair and reasonable terms and conditions of employment for the employees. The Commission considered whether the agreement provided for minimum entitlements, such as minimum wages, leave entitlements, and penalty rates, and whether it contained any terms that were inconsistent with the Fair Work Act or the National Employment Standards.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement met the requirements for approval under the Fair Work Act. The agreement provided for the minimum entitlements required by the Act and did not contain any terms that were inconsistent with the Act or the National Employment Standards. The Commission approved the agreement and ordered that it be registered with the Fair Work Commission as a certified agreement. This decision provides clarity for the employer and employees regarding the terms and conditions of their employment, and ensures that the agreement is legally binding and enforceable.

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