DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/4462)

CHRIST CHURCH GLADESVILLE PRESCHOOL KINDERGARTEN INC EMPLOYEE ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 11 DECEMBER 2019

Application for approval of the Christ Church Gladesville Preschool Kindergarten Inc. Employee Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Christ Church Gladesville Preschool Kindergarten Inc. Employee Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 December 2019. The nominal expiry date of the Agreement is 31 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of an employee enterprise agreement for the Christ Church Gladesville Preschool Kindergarten Inc. The application was brought before the Fair Work Commission, which is tasked with approving and registering enterprise agreements under the Fair Work Act 2009. The dispute centred around the union's request for the Commission to approve the proposed agreement, which had been negotiated between the union and the employer.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under section 230 of the Fair Work Act. Specifically, the Commission had to determine if the agreement was a "good faith" agreement, whether it contained the required minimum terms and conditions, and if it adhered to the relevant provisions of the Act. Additionally, the Commission considered whether the agreement complied with the prescribed process and timelines for its negotiation and approval.

In its decision, the Commission found that the proposed agreement satisfied the requirements for approval. The agreement was negotiated in good faith and contained all the mandated minimum terms and conditions. Furthermore, the Commission confirmed that the agreement met all statutory obligations under the Fair Work Act. The union's application was therefore approved, and the Christ Church Gladesville Preschool Kindergarten Inc. Employee Enterprise Agreement 2019 was duly registered.

As a result of the Commission's decision, the agreement was registered, and the union's application was granted. The approved agreement will now serve as the basis for the terms and conditions of employment for the preschool's employees.

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