DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/4522)

COMO PRESCHOOL KINDERGARTEN ASSOCIATION INCORPORATED EMPLOYEE COLLECTIVE AGREEMENT 2019

Children's services
COMMISSIONER JOHNS	SYDNEY, 6 DECEMBER 2019

Application for approval of the Como Preschool Kindergarten Association Incorporated Employee Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Como Preschool Kindergarten Association Incorporated Employee Collective 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] 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 13 December 2019. The nominal expiry date of the Agreement is 5 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Independent Education Union of Australia, seeking approval for the Como Preschool Kindergarten Association Incorporated Employee Collective Agreement 2019. The dispute centred on the agreement's compliance with the Fair Work Act 2009, focusing on whether the terms and conditions outlined were fair and reasonable for the employees involved. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Act.

The key legal issues addressed by the Commission included whether the agreement provided for appropriate minimum rates of pay and conditions, including entitlements to leave and notice of termination, and whether the agreement was consistent with the principles of the Fair Work Act. The Commission also considered whether the agreement allowed for fair and efficient bargaining processes and if it appropriately balanced the interests of both employers and employees.

The Commission found that the agreement was largely compliant with the Fair Work Act, noting that it provided for fair minimum rates of pay, appropriate leave entitlements, and clear procedures for the termination of employment. The Commission was satisfied that the agreement allowed for a fair and efficient bargaining process and balanced the interests of both parties. Consequently, the Commission approved the Como Preschool Kindergarten Association Incorporated Employee Collective Agreement 2019, deeming it to be fair and reasonable.

The final orders of the Commission included the approval of the Como Preschool Kindergarten Association Incorporated Employee Collective Agreement 2019, subject to the terms and conditions set out in the agreement. The Commission's decision provided clarity on the agreement's compliance with the Fair Work Act, ensuring that the rights and obligations of both the union and the association were clearly defined.

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