DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/3172)

SINGLETON PRESCHOOL TEACHERS' ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the Singleton Preschool Teachers' Enterprise Agreement 2019

[1] Independent Education Union of Australia (IEU) has made an application for approval of an enterprise agreement known as the Singleton Preschool Teachers’ Enterprise Agreement 2019 (the Agreement) in their capacity as a bargaining representative for 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.

[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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The IEU has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 10 September 2019 and, in accordance with s 54, will operate from 17 September 2019. The nominal expiry date of the Agreement is 23 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the Independent Education Union of Australia, which sought approval of the Singleton Preschool Teachers' Enterprise Agreement 2019. The union applied to the Fair Work Commission for approval of the agreement, which was subsequently contested. The legal issues before the court centred on whether the agreement complied with the relevant legislative requirements and if the process for its approval was correctly followed. The court needed to determine if the agreement met the necessary standards and if the approval process was lawful and appropriate.

The court examined the application and the agreement in detail, focusing on its compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. It assessed whether the agreement contained the required provisions, such as minimum wages and conditions, and whether the process for its approval was correctly followed, including any necessary notifications and opportunities for objections. The court also considered whether the agreement was likely to have a detrimental effect on the employees or the broader community.

In reaching its decision, the court found that the agreement met the necessary legislative requirements and that the approval process was correctly followed. It determined that the agreement contained all the required provisions and that the process for its approval was lawful and appropriate. The court concluded that the agreement was likely to have a positive effect on the employees and the broader community. Based on these findings, the court approved the Singleton Preschool Teachers' Enterprise Agreement 2019.

The final orders of the court were that the agreement be approved and registered in accordance with the Fair Work Act 2009. The court also directed that the agreement be published and notified to the relevant parties. The court's decision provided clarity and certainty for the parties involved and ensured that the agreement would be properly implemented.

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