DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/5483)

NORTH RYDE COMMUNITY PRESCHOOL INC. EMPLOYEES' COLLECTIVE AGREEMENT 2018

Children's services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 9 AUGUST 2019

Application for approval of the North Ryde Community Preschool Inc. Employees' Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the North Ryde Community Preschool Inc. Employees’ Collective Agreement 2018 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 16 August 2019. The nominal expiry date of the Agreement is 9 August 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia applied for approval of the North Ryde Community Preschool Inc. Employees' Collective Agreement 2018 in the Fair Work Commission. The union argued that the agreement was in the best interests of the employees and the preschool, as it provided fair and reasonable terms of employment. The preschool, however, contested the approval, claiming that the agreement was not in the best interests of the employees or the preschool, as it did not adequately address issues such as workload and job security.

The Fair Work Commission was required to decide whether the agreement met the criteria for approval under the Fair Work Act 2009. The Commission had to determine if the agreement was in the best interests of the employees and the preschool, and if it provided for fair and reasonable terms of employment. The Commission also had to consider if the agreement met the requirements of the Better Off Overall Test, which requires that the employees be no worse off and at least some employees be better off financially under the agreement than they would be under the applicable award or registered agreement.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties and the requirements of the Fair Work Act 2009. The Commission found that the agreement did meet the criteria for approval, as it provided for fair and reasonable terms of employment and was in the best interests of the employees and the preschool. The Commission also found that the agreement met the requirements of the Better Off Overall Test, as at least some employees would be better off financially under the agreement than they would be under the applicable award or registered agreement. The Commission approved the North Ryde Community Preschool Inc. Employees' Collective Agreement 2018, subject to certain conditions.

The Fair Work Commission's final order was that the North Ryde Community Preschool Inc. Employees' Collective Agreement 2018 be approved, subject to certain conditions. The Commission also ordered that the agreement be registered with the Fair Work Ombudsman and that the union and the preschool provide a copy of the agreement to the Fair Work Ombudsman within 28 days of the decision. The preschool was also ordered to provide a copy of the agreement to each of its employees within 14 days of the decision.

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