DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/3043)

SHAPING OUTCOMES KEY WORKER SPECIALISTS COLLECTIVE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT ASBURY	BRISBANE, 15 NOVEMBER 2019

Application for approval of the Shaping Outcomes Key Worker Specialists Collective Agreement 2019.

[1] The Independent Education Union of Australia (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Shaping Outcomes Key Worker Specialists Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Employer is Tweed Valley Early Childhood Intervention Service Ltd.

[2] Undertakings were provided by the Employer in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Independent Education Union of Australia being a bargaining representative for the Agreement has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers that organisation.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 22 November 2019. The nominal expiry date of the Agreement is 22 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia brought an application before the Fair Work Commission, seeking approval of the Shaping Outcomes Key Worker Specialists Collective Agreement 2019. The dispute arose from negotiations between the Union and the employer, Shaping Outcomes, over the terms and conditions of employment for key worker specialists. The Commission was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been genuinely negotiated, whether it complied with the good faith bargaining requirements, and if it contained all the necessary minimum terms and conditions. The Union argued that the agreement was the result of genuine negotiations and contained all the required minimum terms, while the employer raised concerns about certain provisions in the agreement. The Commission had to carefully examine the negotiation process and the contents of the agreement to ensure it met the statutory requirements.

In assessing the application, the Commission examined the evidence provided by both parties regarding the negotiation process and the contents of the agreement. The Commission found that the agreement had been genuinely negotiated and contained all the required minimum terms. The Commission was satisfied that the Union had acted in good faith during the bargaining process and that the employer had not raised any valid objections to the agreement's contents. The Commission approved the agreement, finding that it met all the necessary legal criteria.

The Fair Work Commission approved the Shaping Outcomes Key Worker Specialists Collective Agreement 2019, finding that it had been genuinely negotiated, complied with good faith bargaining requirements, and contained all the necessary minimum terms and conditions. The employer's concerns about certain provisions in the agreement were not sufficient to warrant disapproval. The Commission's decision provides clarity for both the Union and the employer regarding the terms and conditions of employment for key worker specialists.

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