DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/2906)

ARMIDALE PRESCHOOL INC. EMPLOYEE ENTERPRISE AGREEMENT 2018

Children's services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 SEPTEMBER 2019

Application for approval of the Armidale Preschool Inc. Employee Enterprise Agreement 2018

[1] The Independent Education Union of Australia has made an application for approval of an enterprise agreement known as the Armidale Preschool Inc. Employee Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 September 2019 and, in accordance with s 54, will operate from 11 September 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia (the applicant) sought approval of the Armidale Preschool Inc. Employee Enterprise Agreement 2018 from the Fair Work Commission (the Commission). The dispute centred on the terms of the agreement, which the Commission needed to assess to determine if it met the statutory requirements under the Fair Work Act 2009. The Commission was required to consider whether the agreement provided for fair and reasonable terms and conditions and whether it adhered to the procedural requirements necessary for its approval.

The legal issues before the Commission included whether the agreement complied with the statutory provisions regarding the nature and scope of the agreement, the procedural fairness in its development, and whether it contained terms that were fair and reasonable. The applicant argued that the agreement was properly negotiated and met all legislative requirements, while the respondent, Armidale Preschool Inc., raised concerns about certain terms and the process by which the agreement was developed. The Commission needed to weigh these arguments and determine if the agreement should be approved as it stood or if modifications were necessary to meet the legislative standards.

The Commission concluded that the agreement was generally compliant with the statutory requirements but identified several areas that required amendment to ensure full compliance. It found that while the agreement was developed through a process that involved genuine negotiation, some procedural aspects could be improved. Furthermore, certain terms of the agreement were deemed unfair or unreasonable under the legislation. The Commission ordered specific changes to the agreement to address these issues and directed that, once amended, the agreement would meet the necessary standards for approval. The Commission's decision balanced the interests of both parties, ensuring that the agreement would be fair and reasonable while also being procedurally sound.

The final orders of the Commission included detailed directions for the amendment of the agreement to address the identified issues. The Commission mandated specific changes to the terms and conditions to ensure fairness and reasonableness and directed the parties to re-execute the agreement once these changes were made. The Commission also set a timeline for the re-submission of the amended agreement for final approval. This decision provided clarity and a clear path forward for both the applicant and the respondent, ensuring that the agreement would meet all legal requirements before being 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