DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/3162)

ALBURY PRESCHOOL INC. EMPLOYEE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 30 AUGUST 2019

Application for approval of the Albury Preschool Inc. Employee Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Albury Preschool Inc. Employee Enterprise 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] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2019. The nominal expiry date of the Agreement is 31 May 2023.

COMMISSIONER

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 for the approval of the Albury Preschool Inc. Employee Enterprise Agreement 2019. The Albury Preschool Inc. is a not-for-profit organisation providing early childhood education and care services. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and if it met the necessary standards for employee entitlements and conditions.

The primary legal issues addressed by the Commission involved the compliance of the agreement with the Fair Work Act, specifically focusing on whether the agreement provided minimum rates of pay and conditions, and if it adhered to the good faith bargaining provisions. Additionally, the Commission considered whether the agreement contained any unlawful content that would render it incapable of being approved.

In its decision, the Commission found that the proposed agreement did not meet the requirements of the Fair Work Act. It determined that the agreement failed to provide for minimum rates of pay and conditions as required by law, and it did not adequately address good faith bargaining obligations. Furthermore, the Commission found that the agreement contained provisions that were not permissible under the Act, including certain clauses related to employee responsibilities and disciplinary actions. Consequently, the application for approval of the agreement was dismissed.

The Fair Work Commission ordered that the Albury Preschool Inc. Employee Enterprise Agreement 2019 be returned to the parties for further negotiation and amendment. The Commission emphasised the importance of ensuring that any future agreement complied fully with the statutory requirements and the principles of good faith bargaining.

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